Sister sponsors parents / property rights?

[unknown1]

Hi all,

I have a sister who has been a U.S. citizen for a long time and she just filed an application to sponsor my parents over (a separate application for each).

As a matter of fact, my parents do not really want to become U.S. citizens. They do that because of me, a 19-years old son. We heard that the process for sister to sponsor sibling will take really long and if I am under 21, I can accompany my parents, that will be a lot more convenient.

The application has been pre-screened and accepted now my sister only has to pay for some certain fees (after waiting for 6 months) in order to have it send to U.S. embassy in Vietnam.

Now, we just come to realize that if both of my parents leave for U.S, we have to disown our properties in Vietnam. We have several lands and own a business, so that is the main family income to support me and my other sister's education over here. We do not want to give up all that just to come here since it will create financial hardship for us.

So my question here is what we can do in order to help me become a U.S. citizen in an easy way? Is it possible just for either my dad or mom will go and accompany me (The other one will then stay in Vietnam, owns the property and keeps the business going)? If so, do they have to divorce (which I don't approve for a long lasting marriage like my parents')? Or another solution is they both come over here and one (my dad) will pretend that he cannot adapt to the lifestyle thus he will have to come back and retrive his Vietnamese citizen status?

If know my case is complicated. I hope that someone can help me. I really want to get my GC and citizenship so I can legally work to support myself and my own education. Thank you a lot for paying attention to my post and replies.

 

[TheRealCanadian]

As a matter of fact, my parents do not really want to become U.S. citizens. They do that because of me, a 19-years old son. We heard that the process for sister to sponsor sibling will take really long and if I am under 21, I can accompany my parents, that will be a lot more convenient.

This is an incorrect assumption. You cannot get a GC based on your sister's application for your parents, even if under the age of 21.

Considering the fact that your parents do not want to immigrate and the associated complications, your family may want to rethink this scheme from the beginning and hire a competent attorney to find out what options you have.

 

[vinayakk]

I dont think you would get a GC when you parents get it. Parents of US citizens fall under a different category. Their children, even though under 21, are not included in there.

 

[kittenKat]

Only way for you if your parents get green card and apply for you as FB2 category. Sorry, but your sister can't help you much.

 

[Jackolantern]

Now, we just come to realize that if both of my parents leave for U.S, we have to disown our properties in Vietnam.

I think you are confusing US citizenship and permanent residence. If your sister sponsors them and they move to the US, they would NOT become US citizens, they would only become permanent residents of the US. Would Vietnam force them to give up their Vietnamese citizenship and/or property rights just because they become residents of the US without obtaining US citizenship?

The other posters are correct, you can't accompany your parents when they are sponsored by your sister. Your parents would have to sponsor you after they arrive as permanent residents, but that involves a wait of 7-8 years. They can optionally become citizens after 5 years in the US, but that doesn't really help you because you'd be far over 21 by then, so you'd still have a multi-year wait.

If you want to move to the US without involving your parents, ask your sister to sponsor you, and wait it out in the 11-year queue that exists for the brother/sister immigration category.

 

[unknown1]

Thank you for your replies and helpful explanation. I also apologize for my lack of knowledge about the issue.
However, according to an official document I read at
uscis.gov/files/article/A1_english_v.1.pdf

they somehow state/imply that I can accompany my parents:

What about my relative’s family?
In most cases, when your relative reaches the front of the line, your
relative’s spouse and unmarried children under 21 years of age can
join him or her by also applying for an immigrant visa. (If the family
member is already in the United States, he or she may be able to
file a Form I-485 application to adjust status based on the relative’s
approved visa petition.)

and do you know whether or not if can only my dad or my mom will receive immigrant visa (as I said, the other one needs to stay back to take care of properties/business)? Where can I find out information about it?

Thank you

 

[TheRealCanadian]

they somehow state/imply that I can accompany my parents:

It says "in most cases". This is one of those cases where derivative benefits do not apply.

and do you know whether or not if can only my dad or my mom will receive immigrant visa (as I said, the other one needs to stay back to take care of properties/business)?

Since they're being sponsored separately by you, there's no requirement that both immigrate. But since you say that they don't want to come here, why would they?

 

[Jackolantern]

They said "in most cases". Not every time.

In your situation, with a US citizen sponsoring a parent, the parent's other children cannot accompany the parent as a derivative beneficiary.

But if somebody receives a green card via employment or asylum, or via their brother/sister as the sponsor, their under-21 children could accompany them.

So if your sister sponsors you, you can bring your children, but if your sister sponsors her parents, the parents can't bring their other children.

 

[unknown1]

Looking carefully at the site, I can see your points now. There is no way I can accompany them.
So here is my other solution: (note that I am turning 19 this November, so my calculation may work out well).
Only my dad will come over under my sister's sponsor. (unless a divorce is required between my parents if one person comes alone). All the properties in Vietnam will still be maintained.
He will live there for 1 to 2 years to become a residence. Next he will sponsor me, I will be around 20 and a half by then. It will take approximately 2 more years for me to enter the U.S. under my dad's sponsor but I think the age is determined at the point where application is filed, isn't it?

Please give me some more suggestions, thanks.

 

[TheRealCanadian]

Only my dad will come over under my sister's sponsor. (unless a divorce is required between my parents if one person comes alone).

No divorce is required.

Next he will sponsor me, I will be around 20 and a half by then. It will take approximately 2 more years for me to enter the U.S. under my dad's sponsor but I think the age is determined at the point where application is filed, isn't it?

It's not, because CSPA doesn't apply to you - you're just moving from FB2A to FB2B. It's an eight year wait for the PD to become current.

 

[Jackolantern]

He will live there for 1 to 2 years to become a residence.

No. He will be a resident from the first day he arrives in the US with an immigrant visa in his passport. But if he wants to become a US citizen, that requires another 5 years living in the US. Please understand the distinction between US resident and US citizen.

By the time he becomes a US citizen, you will be a number of years older than 21.

 

[unknown1]

again, thanks for your replies.

1. So how long does it take for my dad to become a LAWFUL permanent resident so that he can sponsor me under FB2B

2. How long will it take for my sponsoring application to get approved? (8 years according to TheRealCannadian?) and by that 8 years, if I already started my application when I am 19, will I still be under FB2B category?

This may be the best option I can get out of my sister being a U.S. citizen right?

 

[Jackolantern]

1. So how long does it take for my dad to become a LAWFUL permanent resident so that he can sponsor me under FB2B

It takes about a year to complete the processing and get an interview date. Then once your father is approved at the interview, they will stamp his passport and he will be a lawful permanent resident on the first day he arrives in the US with that approval stamp in his passport. He can submit the paperwork to sponsor you anytime on or after that first day. There are income requirements though, so if he doesn't immediately have a job he would need to have somebody else like your sister be a co-sponsor.

2. How long will it take for my sponsoring application to get approved? (8 years according to TheRealCannadian?) and by that 8 years, if I already started my application when I am 19, will I still be under FB2B category?

FB2B is for children 21 or older, so you will remain in FB2B. If you were still under 21 when your father becomes a permanent resident, and you tried for FB2A which includes children under 21, you are so close to 21 that you would age out and become ineligible.

The queue for FB2B is about 8 years long. Your father would have to remain a permanent resident (or become a US citizen) for that whole 8 years to keep your application alive. From what you're saying, he doesn't seem interested in living in the US for that long, so that's probably not an option for you; you'd have to ask your sister.