GC for Sister - who to include

[shri ganesh]

Hello,

I am applying for GC for my sister (of a USC). At this point, I will be filing I-130. Howver, due to business reasons, etc. my brother-in-law might have to travel to the US and does not want to risk denial of entry (if he is listed on I-130, he may not be able to enter US on visitor/business visa) for until the priority date becomes current.

Is it possible to not list the brother-in-law in I-130 but list the kids? Does it matter if a name is listed or it matters ONLY when he files his I-485, AOS?

Advice would be helpful.

Shri G

[Triple Citizen]

Shri,
Your sister's husband need to be mentioned on her I-130. I-485 does not apply to your sister or her husband since they live outside the US. Your sister (and her family) risk not being able to overcome 214(b) for the next 12-15 years.

[shri ganesh]

by I-485, I meant the equivalent for someone who is outside the US.

what is 214(b).

the real question is that if brother-in-law is listed in I-130 for sister, would he be able to travel to the US temporarily for business? or will he face issues at POE?

by listing the name on I-130, is it implied that the person has applied for GC?

shri g

[austriacus]

Google and ye shall find

[Triple Citizen]

Yes it is possible that he will face issues upon entry at a POE. He may not even get a fresh NIV (sans H-1B or L-1) once his I-130 is in the works.

Originally Posted by shri ganesh

the real question is that if brother-in-law is listed in I-130 for sister, would he be able to travel to the US temporarily for business? or will he face issues at POE?

[shri ganesh]

I would not list his name in Question 17 of I-130. how'd they link it from brother-in-law to the filing? he could say he got divorced or something.

shri g

[PraetorianXI]

Originally Posted by shri ganesh

I would not list his name in Question 17 of I-130. how'd they link it from brother-in-law to the filing? he could say he got divorced or something.

shri g

Lying to USCIS is the WORST thing you can do. You will be accused of immigration fraud and both the sponsor and beneficiary deported.

[austriacus]

I agree with Praetorian, if you intentionally misrepresent information you may jeopardize the petition for your sister. I don't think the petitioner can be deported in this case (USC, where to deport to?) but you certainly have to keep in mind you sign this "under penalty of perjury" which is similar to lying under oath.

But, I do have to wonder, let's say a beneficiary of a petition wants to immigrate to the US, but a derivative of the beneficiary (let's say a child) has different plans such getting a US education but no intent to live in the US. There is no path that can accomodate both?

[TheRealCanadian]

Originally Posted by austriacus

But, I do have to wonder, let's say a beneficiary of a petition wants to immigrate to the US, but a derivative of the beneficiary (let's say a child) has different plans such getting a US education but no intent to live in the US. There is no path that can accomodate both?

Being the beneficiary of an immigrant visa petition and the spouse or child of a beneficiary are two different things. He can truthfully say that no immigrant visa or petition has been filed on his behalf, and it's pretty powerful evidence of his non-immigrant intent if his spouse (the beneficiary of the I-130) is outside the US.

I wouldn't worry too much; I'd put him on the I-130 if it asks.