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aayitrun

Naturalized Canadian with pending green card application?

By aayitrun in Bringing Family Members of US Citizens to America

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aayitrun Collaborator

aayitrun   66

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Filed: Timeline
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Complex question but here goes:
 

I am a naturalized US Citizen originally born in India. I got my US Citizenship in 2016.

 

My sibling and their spouse both born in India are now naturalized Canadian citizens. They can visit me because Canadian citizens are allowed to visit the US without visa.

 

I am hoping to have them move closer to me some day and for that want to file a family fourth preference green card petition. For Indian born individuals this seems like it will take 20 years and that's ok.

 

My question is: can they continue to visit me while this application waits in the queue for the PD to become current? Does visiting for short periods of time jeopardize the green card application?

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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SalishSea Grand Master

SalishSea   17,818

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Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
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7 minutes ago, aayitrun said:

Complex question but here goes:
 

I am a naturalized US Citizen originally born in India. I got my US Citizenship in 2016.

 

My sibling and their spouse both born in India are now naturalized Canadian citizens. They can visit me because Canadian citizens are allowed to visit the US without visa.

 

I am hoping to have them move closer to me some day and for that want to file a family fourth preference green card petition. For Indian born individuals this seems like it will take 20 years and that's ok.

 

My question is: can they continue to visit me while this application waits in the queue for the PD to become current? Does visiting for short periods of time jeopardize the green card application?

They can visit (subject to CBP admission, just like any visitor), they cannot adjust status and stay.

 

Visiting does not impact their petition for an immigrant visa, BUT, they need to be very, very careful about never being out of status or overstaying, because if so, they will not be able to immigrate.

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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37 minutes ago, aayitrun said:

My question is: can they continue to visit me while this application waits in the queue for the PD to become current? Does visiting for short periods of time jeopardize the green card application?

Logically, CBP would have no reason to deny entry while F4 is 18 years from being current. As the delta between their priority date and   date in the visa bulletin  approaches zero, the odds of CBP denying entry increase. 

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Boiler Grand Master

Boiler   45,466

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Filed: K-1 Visa Country: Wales
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F4 india is 2005 and with the ever increasing number of applicants will move slowly. Would not surprise me if you are looking at 25 to 30 years, no way of knowing.

 

I seriously doubt this will have any impact on visiting. Even in 20 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,466

Posted
Filed: K-1 Visa Country: Wales
 Timeline
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New Family Reunification Parole Processes. DHS is creating new family reunification parole processes for El Salvador, Guatemala, Honduras and Colombia. The agency is also modernizing existing family reunification parole processes for Cuba and Haiti. These processes, once finalized, will allow vetted individuals with already approved family-based petitions to be paroled into the United States, on a case-by-case basis. The U.S. Government will deliver timely and efficient authorization for those approved and vetted to travel. Individuals paroled into the U.S. under these processes would be eligible to apply for work authorization.
https://www.state.gov/u-s-government-announces-sweeping-new-actions-to-manage-regional-migration/

 

Maybe this will be expanded to other countries?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,466

Posted
Filed: K-1 Visa Country: Wales
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Just now, Mike E said:

To Canada and India?

They seem to be focusing on the countries from which people cross informally so I doubt Canada.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
1 hour ago, Boiler said:

New Family Reunification Parole Processes. DHS is creating new family reunification parole processes for El Salvador, Guatemala, Honduras and Colombia. The agency is also modernizing existing family reunification parole processes for Cuba and Haiti. These processes, once finalized, will allow vetted individuals with already approved family-based petitions to be paroled into the United States, on a case-by-case basis. The U.S. Government will deliver timely and efficient authorization for those approved and vetted to travel. Individuals paroled into the U.S. under these processes would be eligible to apply for work authorization.
https://www.state.gov/u-s-government-announces-sweeping-new-actions-to-manage-regional-migration/

 

Maybe this will be expanded to other countries?

seems like admin is undercutting immigration laws and making up a list of parole cases 

duh

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aayitrun Collaborator

aayitrun   66

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Filed: Timeline
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10 hours ago, SalishSea said:

They can visit (subject to CBP admission, just like any visitor), they cannot adjust status and stay.

 

Visiting does not impact their petition for an immigrant visa, BUT, they need to be very, very careful about never being out of status or overstaying, because if so, they will not be able to immigrate.

Right we are very meticulous about never being out of status. They visit, for like 2-3 weeks at a time maybe once every 6-12 months.

 

I was wondering more about the reverse. The fact that they have a pending immigrant visa application making them unable to visit in the short term because they have a very distant 'intent to immigrate'.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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SalishSea Grand Master

SalishSea   17,818

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
4 hours ago, aayitrun said:

Right we are very meticulous about never being out of status. They visit, for like 2-3 weeks at a time maybe once every 6-12 months.

 

I was wondering more about the reverse. The fact that they have a pending immigrant visa application making them unable to visit in the short term because they have a very distant 'intent to immigrate'.

It should not matter, since they have no legal path to adjust before their visa numbers are available in 25 years or so.

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nastra30 Experienced

nastra30   2,284

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted
23 hours ago, aayitrun said:

 

My question is: can they continue to visit me while this application waits in the queue for the PD to become current?

Yes. But always remember entry is at discretion of CBP.

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  • 2 weeks later...
aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
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Posted
On 5/8/2023 at 9:29 PM, nastra30 said:

Yes. But always remember entry is at discretion of CBP.

Yes, of course. 

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

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