Following to join after 3+ years

B

barriospk

New Member
Hi all,

I am a permanent resident and I got my green card in 2010 via employment sponsoring (I originally came as H1B).
I have 2 children abroad. They were in my green card process but I had to take them out after I got divorced and they moved abroad to live with their mother. I obtained tourist visa in 2012 for them. They visited the same year.

Lately, their mother has had a change of heart and would like them to finish their studies here in the US. Good news for them: they dream of living here.

I am eligible for citizenship in April 2015. However, is there a shorter path?

Would I still be able to apply for following to join for them? For what I read about it in the USCIS page it seems so, but I would like to be sure. It's been 3+ years since I got my green card.

If following to join is not an option, is it feasible for them to visit with their tourist visa and start their petition here? I wouldn't want to do so if they are not able to study in the US legally.

If there is no legal option, then I will patiently wait for April 2015...
 
Would I still be able to apply for following to join for them?
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Yes, since they're under 21 without applying a CSPA adjustment to their age. If they were over 21 and thus relying on a CSPA adjustment, it would be too late because the CSPA requires them to seek to acquire an immigrant visa or adjustment of status within a year after the priority date becomes current.

If following to join is not an option, is it feasible for them to visit with their tourist visa and start their petition here?
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Not a good idea. That would be preconceived immigrant intent. Children of US citizens are given leniency on that issue, but you're not a US citizen. Instead of attempting adjustment of status with a tourist visa, file I-824 to initiate the follow-to-join and they can get immigrant visas from a US consulate in their country in about 6 months, assuming your priority date is current and remains current until then.
 
Jackolantern said:
...file I-824 to initiate the follow-to-join and they can get immigrant visas from a US consulate in their country in about 6 months, assuming your priority date is current and remains current until then.
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Thanks for responding! One thing, will they have a different priority date if I file the I-824? Or the one the USCIS will use for their case will be the same that originally applied to mine, instead?
 
You will need a copy of the I-140 approval to establish the priority date and eligibility. I hope you kept it or will be able to obtain it from your (former?) employer.
 
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