Filing Green Card for Parents and Sister (over 21)

[mickyji]

Hey Guys:

I am a US citizen and wanted to file Green Card for my parents and my sister. They are visiting me at the moment, and was wondering if I should start their Green Card processing while they are here with me.

My main worry is my sister's green card -- it will take a while. Her visitor's visa will expire this August, and will be up for renewal. I am not sure if I should:

1. file for her visa's renewal now, OR
2. file for her I-130, OR
3. wait until after my parent's GC, and then let them file for her GC?

I searched this forum, but so far, have not found answers to my (tricky?) questions.

Thanks in advance!
MickyJi

 

[TheRealCanadian]

No matter what course of action you take with your sister's GC, she will need to leave the US before she becomes a Permanent Resident, as it will take several years before she becomes eligible for an immigrant visa.

 

[Jackolantern]

My main worry is my sister's green card -- it will take a while. Her visitor's visa will expire this August, and will be up for renewal.

Her visa expires in August, but her status surely expires sooner than that. They don't authorize stays of more than 6 months at a time with a tourist visa. Look at the expiration date they stamped on her I-94. If she just arrived today, her status will expire in June.

She will need to leave the US before her status expires and wait abroad for an interview at the consulate. Overstaying will disqualify her from adjustment of status. Make sure you pick an appropriate consulate for Question 22 of the I-130 you file for her, don't choose adjustment of status (AOS) because it will take 11+ years for her to become eligible to apply for AOS through you.

 

[mickyji]

Thanks Jackolantern, TheRealCanadian.

True - her (and my parent's) I-94 expires in March, and we might file for an extension. But I think the max time she can stay here is until August (unless we file for her visa renewal as well).

So assuming they go back either in March or sometime later this year (if her renewal request gets approved), does it make sense to file only my parent's I-130 papers or file all of them together?

And most importantly, once her I-130 is in flight, I am assuming she can still continue to travel and visit us every once in a while until she gets her GC... true?

Her visa expires in August, but her status surely expires sooner than that. They don't authorize stays of more than 6 months at a time with a tourist visa. Look at the expiration date they stamped on her I-94. If she just arrived today, her status will expire in June.

She will need to leave the US before her status expires and wait abroad for an interview at the consulate. Overstaying will disqualify her from adjustment of status. Make sure you pick an appropriate consulate for Question 22 of the I-130 you file for her, don't choose adjustment of status (AOS) because it will take 11+ years for her to become eligible to apply for AOS through you.

Many thanks!
MickyJi

 

[Jackolantern]

Thanks Jackolantern, TheRealCanadian.

True - her (and my parent's) I-94 expires in March, and we might file for an extension. But I think the max time she can stay here is until August (unless we file for her visa renewal as well).

What is the point of trying for an extension? Your mother is already eligible for adjustment of status, so she doesn't need an extension if she wants to stay.

As for your sister -- even if your sister got an extension approved, she will still have to leave the US years before she can get an interview because of the 11+ year wait. Tourist status extension requests are usually rejected, and if you file I-130 for her that increases the chance of rejection. The extension rejection could hurt her renewal application for a tourist visa if waiting for the extension processing resulted in her staying beyond the I-94 expiration date.

So assuming they go back either in March or sometime later this year (if her renewal request gets approved), does it make sense to file only my parent's I-130 papers or file all of them together?

File the I-130 right now for both of them, even if they're going back in March or earlier.

And most importantly, once her I-130 is in flight, I am assuming she can still continue to travel and visit us every once in a while until she gets her GC... true?

Your mother, probably not. Your sister, maybe yes if she doesn't have anything negative in her immigration record. Make sure to file your sister's I-130 while she's still in the US, so when she's traveling to the US again or applying for another tourist visa she can point out that her I-130 was already pending the last time she was in the US, but she left anyway without overstaying.