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#1
8th July 2008, 11:56 AM
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Want to File I-130 for mother
I want to file I-130 for my mother who is in US on a visit visa. I can file I-485 with I-130. I have a question about my sister who is 13 years old. wanted to know if I can file for her aswell with my mothers since she is only 13. Please advise. (both my sister and mother are in US on a visit visa)
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#2
8th July 2008, 03:41 PM
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Your sister falls into the lower priority category, can not do AOS in US.
__________________
DO: San Jose, CA Timeline: 11/24/07 parents' 130/485/131/864/693/325a mailed to Chichago (USPS) 11/26/07 RD 11/30/07 ND 12/03/07 Checks cashed 12/04/07 NOA 12/21/07 AP ND 12/27/07 AP RD 01/12/08 Interview Notice RD 01/22/08 FP Notice 02/14/08 FP done 03/25/08 Interview, GC pending by NC. 06/16/08 Dad's Card production email 06/21/08 Dad's welcome mail 06/25/08 Mom's Card production email 06/26/08 Dad's Card arrived 06/28/08 Mom's welcome mail 07/03/08 Mom's Card arrived
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#3
8th July 2008, 03:58 PM
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Since she is 13 only, she could stay illegally in the US until 18 without major consequences. Even if she is deported before 18, she will still be eligible for an immigrant visa. However, she need to leave before 18.5 otherwise she will earn a 3 -year bar.
Actually, if by that time her mother will be close to naturalization, she would apply for the daughter soon as an immediate relative without her leaving the US. I guess your sister is also in the US? Last edited by raevsky; 8th July 2008 at 04:01 PM.
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#4
8th July 2008, 05:18 PM
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Yes she is in US.
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#5
8th July 2008, 05:21 PM
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People quit advising people to break the law.
Even if little sister does not accrue illegal presence she could still be deported.
__________________
DO: Atlanta, GA Year 2007 5/03: I-485 Receipt Date 8/07: I-485 Approved 8/27: Conditional GC Received Year 2009 5/15: I-751 Receipt Date 9/22: I-751 Approved 10/3: Unconditional 10yr GC Received Year 2010 5/10: File N-400 for US Citizenship
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#6
9th July 2008, 06:36 AM
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Your sister has two avenues for a green card open right now.
(1) You file an I-130 for her. She will need to wait 12-15 years. (2) Your mother files an I-130, after she gets her own GC. Probably 4-6 years after your mother gets her GC. Quote:
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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#7
9th July 2008, 06:42 PM
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T_C
Onemore question. You have given two avenues. Will any of them change if sister is 30 yrs old and married? If yes, how? And please advise if any other better avenue comes into picture
__________________
N400 Mailed via ExpressMail : 02/13/08 Delivered Date : 02/14/08 Check Cashed: 02/20/08 NOA Rcpt : 02/28/08 Priority Date : 02/15/08 FP Notice Rcpt : 02/28/08 FP Scheduled and done: 03/06/08 IL Rcpt: 04/24/08 Interview and Oath Date: 06/25/08 -The interviewer asked for two passport photos and birth certificate. The latter was due to a typo in my name in N400 application. Mailed US passport Application: 06/26/08 Received US passport : 07/01/08 Mailed OCI Application : 07/08/08
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#8
10th July 2008, 07:48 AM
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If you sponsor her, your petition will not be affected by her marriage.
If you mother sponsors her, then timing of her marriage may play a part. Quote:
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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