Citizen...Now parents and Siblings question

J

jabbarusa

Registered Users (C)
Guys please help me out here. Will have my oath on 3/29/07 and plan for applying for my passport right after. Now I have a few questions regarding my parents and sbilings.
1. Both my parents and siblings are overseas. How do I go about applying for them (I know I have to file I-130 for all of them) but can I apply for them all at one time.
2. I know my parents would have preferance over te siblings. When they get their visa would they ge their green card at the airport or would they have to wait for a number of years.
3. How long would it take for my siblings to ge their visa...what's it looking like.
Any one familiar with the process of applying for the parents and siblings please advise and post your comments.
Thank you
 
Jabbar,
Your parents are looking at 1 year for processing. Your siblings are looking at 12-15 years for their priority dates to become current. You will need to submit an I-130 for each parent and sibling.
 
Guys...Can't thank you enough..It looks a bit discouraging for the siblings.But how does it work for the parents...will they get a green card immediately??/If so would it be faster for them to apply for my siblings...or am i pushing it??/
Thanks again evveryone.
 
Need more info. You have to tell us your siblings age, marital status, and the country. When sponsored by parents, those 3 factors detemine the waiting time for visa.
 
The process for parents varies depending whether they are already here in the US (send I-130 and I-485 together) or overseas (send I-130 to service center, then consular processing after I-130 approved).

Sponsorship rules are different for citizens vs GC holders. Its probably best you read the exact rules on USCIS' website, but the basic issue is a GC holder can only sponsor a spouse or unmarried sons & daughters under 21. Even this incurs a significant wait for a visa number (family 2nd preference).
 
Applying for Mother's GC - PLEASE HELP!!! URGENT!!!

Hi,

My mom has 10 yrs multiple entry visa and she came to U.S 2 days back, but unfortunately, at the port of entry they just gave her I-94 for only 2 months, which expires in End of May 2007. My sister is a U.S Citizen and she is planning to apply for my mother's (widow) GC, probably this week or next week.

Now my question is, once my sister applies for my mom's GC, what will be the visa status of my mom? Will it adjust the status in 2 months? What will happen after my mom's I-94 expires and still the status wasn't changed? Does she has to go back to India and come again?

Please any help would be GREATLY appreciated.

Thanks so much,
Priya
 
There is absolutely no chance your mom can adjust her status in 2 months and get her green card. The minimum waiting time you can expect is 6-12 months. Once her visa expires, she'll be out of status (i.e., illegal status). Once she overstays for more than 120 days, she'll be subject to an automatic bar.

Can she adjust the status in US while being illegal? Although the overstay is forgiven at the time of adjustment interview (as she is an immediate relative of US citizen), it's still problematic. It's obvious she entered into US with visitors visa with an intent to immigrate. That's against the law and the interviewing officer can deny her adjustment on this basis. If this happens, you are in trouble because she is no longer eligible to file in India due to her overstay, unless a hardship waiver is filed, which you have a slim chance of getting approved.

The right way to go about is - she should go back to India before her visa expires and file I-130 while she is in India. That would take a little longer but much safer.
 
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If a USC submits an I-130 and I-485 for a parent who is currently IN THE US, that person will not go out of status simply because their I-94 has expired. When an I-485 is filed, your existing immigration status is put on hold until the outcome of the petition is determined.

The problem however, is that a person is not supposed to be an intending immigrant when they arrive in the US on a B2 visa. (i.e. B visas do not allow "dual intent"). This makes it very likely the person will be given a hard time at interview, although most likely the outcome is still going to be positive.

So having said this, the "proper" way to approach this problem is to submit an I-130 after the parent leaves the country, then when that is approved (9-12months), the parent can go through consular processing (CP) and have their immigrant visa issued.
 
Equate,
Both my parents and siblings (got 7 of them) are overseas. All of my siblings are over 21 except for the youngest who is 18 at the time. I just took my oath yesterday, and now want to know the quickest and painless(if there's such a thing as painless in this process) way to apply for them. When I file for my parents I-130 and assuming they ge ttheir interview overseas and come to the US, are they going to get their GC's immediately. Please advise as I have been following your threads for a while and consider your advise very to be pretty straight forward and accurate.
Thank you
 
Jabbar,
Yes, if you file for their I-130 and do Consular Processing, they would get their GC at the airport.

Gabbar
 
jabbarusa said:
Equate,
Both my parents and siblings (got 7 of them) are overseas. All of my siblings are over 21 except for the youngest who is 18 at the time. I just took my oath yesterday, and now want to know the quickest and painless(if there's such a thing as painless in this process) way to apply for them. When I file for my parents I-130 and assuming they ge ttheir interview overseas and come to the US, are they going to get their GC's immediately. Please advise as I have been following your threads for a while and consider your advise very to be pretty straight forward and accurate.
Thank you
Click to expand...
Your parent should be eligible for visa immediately. Once the visa is approved at consulate, they should be issued the permanent residency at the POE when they arrive in US. Your siblings are not eligible for visa and subect to category 4 sponsorship waiting time. It makes no difference how old your siblings are when the petition is sponsored by a brother.
 
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The another way for your sibling to gain residence is if they are sponsored by your parents. It'll probably take a year for your parents to get their green card. Then they can sponsor for their unmarried children (category 2B), which has waiting time of 10 years. Or wait till your parents become citizens and apply for them under category 1, which has the wating time of 6 years.

So you got 3 options:
1. You apply for them: visa availability time is 11 years.
2. You parent as permanent resident apply for them: 1 year processing time for your parents + 10 years visa availability = 11 years
3. Your parent as citizen apply for them: 1 year permanent residency processing time +5 year citizenship waiting time + 0.5 year citizenship processing time +6 years waiting time = 12.5 years

Which ever options you choose, it all takes about same amount of time. The scenarios 2 and 3 are for unmarried children. If they get married, the situations changes dramatically.
 
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Thiking of applying for parents and siblings!!

Hi guys,

My husband and I just became citizens. Now we are planning on applying GC for our parents and siblings.

My parents have 10yr multiple entry visa for over a year and they have not found time to visit me :rolleyes: . Would this cause any problem in their GC processing??

Appreciate all you replies.

Thanks,

SP
 
Once you submit an I-130 for your parents, they have to declare they have been sponsored for an immigrant visa on their I-94 when they fly in to the US. There is then a distinct possibility they may be denied entry to the US on the basis the officer at PoE thinks they may not leave again.

This is a tricky situation, because they may well be allowed to enter temporarily, but they don't get to find out until they've taken the trip and are waiting at the PoE.

One of my parents is in the same situation - my answer was that she simply shouldn't try to visit us while her GC was being processed. Should only take 9 months - 1 year.
 
boatbod said:
Once you submit an I-130 for your parents, they have to declare they have been sponsored for an immigrant visa on their I-94 when they fly in to the US. There is then a distinct possibility they may be denied entry to the US on the basis the officer at PoE thinks they may not leave again.

This is a tricky situation, because they may well be allowed to enter temporarily, but they don't get to find out until they've taken the trip and are waiting at the PoE.

One of my parents is in the same situation - my answer was that she simply shouldn't try to visit us while her GC was being processed. Should only take 9 months - 1 year.
Click to expand...

Thanks Boatbod for your reply! Appreciate it. I guess, I have some tough decisions to make :eek:
 
spgamer said:
Thanks Boatbod for your reply! Appreciate it. I guess, I have some tough decisions to make :eek:
Click to expand...

I understand exactly. On a positive note, VSC recently approved my mother's I-130 in just 3 weeks. Hopefully the NVC & consular processing portions will not drag out too long.
 
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