family sponsorship wth a twist, please help

K

Kayels

Registered Users (C)
my husband, 12 year old daughter and myself are in the US on an E2, we have a US citizen son who will be 21 in one year, we know that he can sponsor his parents immediately for a GC but we have been told that his sister will have to wait possibly 12 years. We have been told that only 1 of us should apply for the GC and one will have to keep the E2 business and visa so that our daughter can stay here in the US as an E2 dependent (she might possibly even age out before the GC came through for her), if we both go for the GC then our 12 year old will have to leave the country.
My question to you is:
If my son sponsors his father for the GC, can my husband then sponsor myself and our daughter in the F2 catagory? or do you have any other suggestions.
 
Kayels said:
If my son sponsors his father for the GC, can my husband then sponsor myself and our daughter in the F2 catagory?
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Yes, he could sponsor you both in the F2A category ... a 4-5 year wait (unless you are from Mexico, which is a few years longer). But you would need to have a primary E2 visa for you and your daughter to stay in the US for those 4-5 years while you wait, because if you only have a derivative E status based on your husband's primary E2, you would lose that derivative status when your husband gets his GC.

In addition, if/when he files for you and your daughter while he is a permanent resident, consular processing should be selected on the I-130 if you ever plan to travel outside the US during that 4-5 years while you wait, because they will refuse entry if they know you are going to attempt adjustment of status to permanent residence.

http://www.americanlaw.com/e1e2.html
Pursuant to 22 CFR §41.51(a)(1)(ii)/22 CFR §41.51(b)(1)(iii), an E visa applicant must "intend to depart from the United States upon the termination of his status." However, an applicant does not have to establish an intention to remain in the United States for a specific temporary period of time or the existence of a residence in a foreign country that the applicant does not intend to abandon. The applicant's expression of an unequivocal intent to return when the E status ends is normally sufficient, in the absence of specific evidence to the contrary.

A limited form of dual intent is recognized for E nonimmigrants. The Department of State ("DOS") position is that an applicant who is the beneficiary of an immigrant petition may still be eligible for E status by showing that she will not remain in the United States to adjust status to lawful permanent resident or otherwise remain in the United States regardless of the legality of his or her status. The USCIS position is that an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition. In addition, an applicant who has already filed an application for adjustment of status may still file for an extension of E status after that date.
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Alternatively, he could postpone filing for you and your daughter until he becomes a US citizen. Then he could file for you and your daughter as immediate relatives, with you immediately filing for adjustment of status when he files I-130 for you.
 
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thank you jackolantern,
we are from UK not mexico and myself and my husband are both equal on the E2 visa. Do you know if there will be any issues dropping my husband from the E2?
I need to start formulating a plan of action as my son will reach 21 the month before our E2 visa expires so I have to plan the best strategy, do we renew the E2 a couple of months earlier with my husband still on it, we are hoping that we will get a 5 year renewal. I guess we will have to because my husband will still have to be here on some sort of status until his GC is approved. Because of my daughter I don't want to waste any time getting my husbands GC application in.
 
we are from UK not mexico and myself and my husband are both equal on the E2 visa. Do you know if there will be any issues dropping my husband from the E2?
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When you say "equal", do you mean you are both working and investing in the company upon which your E2 is based, and your status is independent of each other, such that if one of you changed status or left the US the other could continue to remain in the US with E2 status?

Get the E2 status renewed for the 3 of you first, or at least have the renewal application well in progress, before applying for the green card. Once all the E visas are secured, there will be some breathing room with having E status if there are snafus with the GC application, during which the issues can be corrected and reinstated, instead of immediately falling out of status and possibly being put in removal proceedings.

When renewing the E2 visas you'll need to make sure your daughter's derivative E status is tied to whichever of you is NOT applying for the GC, otherwise your daughter would lose her status upon the GC approval. And of course, whichever one of you is not applying for the GC also needs to have your own primary E2 status, not derivative status based on a spouse.
 
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thanks for your time jackolantern,
we both are 50% partners neither of us is a dependent of the other.
Out of interest I just took a look at the visas in our passports, on the original visa for my daughter it lists in her annotation section as, PA: (fathers Name)
On her current visa her annotation section just lists our company name and address exactly as it does on ours.
When we renew how do I make sure that she is listed as my dependant?
 
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