Green Card for Sister & Mother

A

as1617

New Member
I have a two part question:

Facts:

Last week my wife became a citizen. We want to petition for her mom's green card. My wife also has a sister who is 20 years old, who is currently studying at a U.S. university. My mother-in-law currently has a multi-entry visa to the U.S.

Question 1:

Because my mother-in-law has a multi-entry visa, is it better to (i) apply for the I-130 while she is abroad, or (ii) have her enter the U.S. on her tourist visa and then file the petition as well as an I-485 (Adjustment of Status). We would need to go through the Nebraska Service Center. Which method would be faster/better?

Question 2:

I have heard somewhere that when a woman gets a green card, she is allowed to bring her minor children with her. I understand that my wife can petition for her sister's green card directly, and this will take like 8 years or something. Is it possible that if her mom gets a green card and my sister-in-law is under 21, that my sister-in-law could also get a green card at that time if we play our cards correctly?

I appreciate any help you can provide!


:D
 
Your wife needs to petition for your mother right now as she is a USC, then her child under 21 can get the previlage of obtaining her LPR status. Their is no need to petition for her seperately, jus add her to mothers petition. But do it now
 
as1617 said:
Thanks. Is it better to have her mom come to the USA and then petition, or petition from abroad?
Click to expand...
It is usually faster when a parent is here, in US, although it might depend on a country she is from. Just make sure you file I-130 before your sister-in-law turns 21!
 
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Wrong answer

Sawart/as1617
Sorry,
The daughter will not get a derivative status even though she is under 21 because your mother-in-law receive her green card as an immidiate relative of USC. In other words, your mother-in-law will has to file I-130 after she receives her green card. Check other posts how you can work around the visa categories based upon petitioner (monther-in-law) immigration status and beneficiary's (her daughter) age and marital status. The wait time will be from 6 years to 10 years up.

Normally DCF (Direct Consulate Filing) is faster than AOS in the U.S. Check local INS processing time to make your decision.
https://egov.immigration.gov/cris/jsps/index.jsp


The derivative status applys to F2A, F3 and F4 category ONLY. For example, When a green card holder petitions for his wife under F2A, later the couple have a child. when the wife's priority date becomes current, their child under age 21 would be eligible derivative status. Same rule applys to F3 and F4 category. THERE IS NO DERIVATIVE STATUS FOR AN IMMIDATE RELATIVE OF USC. that is why that a green card holder must file a petioner for their children before they become a USC because once he/she becomes a usc, their children will lose their derivative status and become an immidiate relative of USC. if a child is under 21, the child will receive LPR without visa limit. otherwise, the child will be under F1 (unmarried son or daughter of USC)



Please read INS regulations before giving out advice.
 
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pitition for my mother.

My mother is on her Multi-entry visa. I am USC and planning to file for my mother while she is in USA. My center is Texas but when i went to my local INS office to collect form, She gave me all the form and told me to send all the document including medical report to Chicago.
Since i m filling to do adjustment of Status so i know that i have to send it to chicago.
My question is: Does anyone know how long does it take to get Green Card for Parents in USA by going through Adjustment of Status?

Please Advice me any one asap.
Thank you
 
familybased said:
Sawart/as1617
Sorry,
The daughter will not get a derivative status even though she is under 21 because your mother-in-law receive her green card as an immidiate relative of USC. In other words, your mother-in-law will has to file I-130 after she receives her green card. Check other posts how you can work around the visa categories based upon petitioner (monther-in-law) immigration status and beneficiary's (her daughter) age and marital status. The wait time will be from 6 years to 10 years up.

Normally DCF (Direct Consulate Filing) is faster than AOS in the U.S. Check local INS processing time to make your decision.
https://egov.immigration.gov/cris/jsps/index.jsp


The derivative status applys to F2A, F3 and F4 category ONLY. For example, When a green card holder petitions for his wife under F2A, later the couple have a child. when the wife's priority date becomes current, their child under age 21 would be eligible derivative status. Same rule applys to F3 and F4 category. THERE IS NO DERIVATIVE STATUS FOR AN IMMIDATE RELATIVE OF USC. that is why that a green card holder must file a petioner for their children before they become a USC because once he/she becomes a usc, their children will lose their derivative status and become an immidiate relative of USC. if a child is under 21, the child will receive LPR without visa limit. otherwise, the child will be under F1 (unmarried son or daughter of USC)



Please read INS regulations before giving out advice.
Click to expand...
Let me get this straight. I am confused...
If the mother comes here, and her US citizen daughter files I-130 with the adjustment of status application, then the mother will get her green card in 6-7 months. After that, mom's family (her husbund and unmarried children under 21) can follow her here, and have a legal status. But, they won't get their green cards until the mom files I-130 for them. Am I wrong?
 
Anahit said:
Let me get this straight. I am confused...
If the mother comes here, and her US citizen daughter files I-130 with the adjustment of status application, then the mother will get her green card in 6-7 months. After that, mom's family (her husbund and unmarried children under 21) can follow her here, and have a legal status. But, they won't get their green cards until the mom files I-130 for them. Am I wrong?
Click to expand...
Yes Sir,
Once mother get GC through her USC daughter, her family (her husbund and unmarried children under 21) can not follow since mother is getting GC as a immidiate relative of USC. The mother has to file for her family after getting GC.
 
answer

Anahit said:
Let me get this straight. I am confused...
If the mother comes here, and her US citizen daughter files I-130 with the adjustment of status application, then the mother will get her green card in 6-7 months. After that, mom's family (her husbund and unmarried children under 21) can follow her here, and have a legal status. But, they won't get their green cards until the mom files I-130 for them. Am I wrong?
Click to expand...

No, there is no follow-to-joint for her daughter and husband because the mother gets her green card based upon an immediate relative of USC. If her husband wants to immigrate to the U.S., the USC daughter needs to file a seperate petition for the father, so does for the USC's sister. The father will be able to receive immigration visa right way, but the sister will be subject to F4 (Sibling of USC) category or the sister and the fater will be suject to F2A/F2B after the mother becomes LPR to petition them. In that case, the sister and the father have to maintain her non-immigration status till their priority dates becomes current or wait in their native country.
It sucks to seperate a family for many years, but it is what the laws say.
 
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familybased said:
No, there is no follow-to-joint for her daughter and husband because the mother gets her green card based upon an immediate relative of USC. If her husband wants to immigrate to the U.S., the USC daughter needs to file a seperate petition for the father, so does for the USC's sister. The father will be able to receive immigration visa right way, but the sister will be subject to F4 (Sibling of USC) category or the sister and the fater will be suject to F2A/F2B after the mother becomes LPR to petition them. In that case, the sister and the father have to maintain her non-immigration status till their priority dates becomes current or wait in their native country.
It sucks to seperate a family for many years, but it is what the laws say.
Click to expand...
Wow... It really sucks... I never realized it...
For Nebraska the processing dates show January, 2001 for a permanent resident filing for a child under 21, and April, 2001 - for an unmarried son or daughter over 21. So, if the mom files I-130 for her daughter, it would definitely take about 6 years in Nebraska.
BTW, California processing dates are the best: December, 2004 - under 21, and February, 2005 - over 21. They might consider moving to CA. :)
 
Anahit said:
Wow... It really sucks... I never realized it...
For Nebraska the processing dates show January, 2001 for a permanent resident filing for a child under 21, and April, 2001 - for an unmarried son or daughter over 21. So, if the mom files I-130 for her daughter, it would definitely take about 6 years in Nebraska.
BTW, California processing dates are the best: December, 2004 - under 21, and February, 2005 - over 21. They might consider moving to CA. :)
Click to expand...

wow! that really sounds bad!! i just got my labor approved after waiting 5 years, and i am in the process of filing for 140. i was very excited thinking that my family could benefit quickly through me. but now i am very confused after reading all the info on this specific tread. would you guys mind please helping me out on this? here are my questions:

1-i have an adoptive son back home. as he has never been in the states, i was thinking of waiting until i get my GC to apply for him. if i do it that way, will he have to wait 6-7 years to get his GC as Anahit indicates above? what would be the fastest route for getting him GC?

2-can i apply for my parents while doing my 485? or it can ony be done after i have my GC?

3-i have 2 sisters under 21. what would be the fastest way to get them GC through me? how many years will it take if i apply for them vs. my parents doing it when they get GC?

4-any tips/clues on how to work around the visa categories based upon petitioner

hope you can help clarify for me. sorry if i am asking basic stuff, please bear with me as i am new to this. thank you in advance for any feedback and advice!
 
foret1 said:
wow! that really sounds bad!! i just got my labor approved after waiting 5 years, and i am in the process of filing for 140. i was very excited thinking that my family could benefit quickly through me. but now i am very confused after reading all the info on this specific tread. would you guys mind please helping me out on this? here are my questions:

1-i have an adoptive son back home. as he has never been in the states, i was thinking of waiting until i get my GC to apply for him. if i do it that way, will he have to wait 6-7 years to get his GC as Anahit indicates above? what would be the fastest route for getting him GC?
You may want to read this first.
http://uscis.gov/graphics/services/residency/family.htm

2-can i apply for my parents while doing my 485? or it can ony be done after i have my GC?
If you mean to apply for GC for your parents, you unfortunately have to wait till you become a USC and that would be atleast 5 years after you get your GC.

3-i have 2 sisters under 21. what would be the fastest way to get them GC through me? how many years will it take if i apply for them vs. my parents doing it when they get GC?
After you get your GC, you can only apply for your spouse/minor unmarried children. You have to wait till you become a USC before you can apply for your parents or siblings and the wait times are pretty long. Look here for preference categories.
http://uscis.gov/graphics/services/residency/family.htm#anchor156900


4-any tips/clues on how to work around the visa categories based upon petitioner
You can sponsor your parents/siblings for a visitor visa as long as they prove strong ties back home and have proof that they will return back.

hope you can help clarify for me. sorry if i am asking basic stuff, please bear with me as i am new to this. thank you in advance for any feedback and advice!
Click to expand...
 
Anahit,

Moving to a different state would not help her priority date. Normally, her priority date is the same date INS receives her I-130 petition (receipt date) rather than approval date. therefore, she should file a petition as early as possible. Ideally, INS should approve a I-130 petition before her priority date becomes current. For example, people who are under F2B category do not really matter the petitions approved in 1 month or 8 years. As long as the petition is approved before F2B visa cut-off date (Current visa bulletion shows F2B category April 1, 1996 for september 2005). You should use the department of state visa bulletin to monitor visa cut-off date instead of INS processing date. INS pocessing date demonstrates how fast INS works on a case. Visa bulletin shows when immigration visa is available to a I-130 beneficiary. When beneficiary's priority date is earlier than visa cut-off date, an immigration visa is available to the beneficiary.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2616.html


Foret1,

Your stepson under 21 or spouse should able to immigrate as your derivatives because they are not immediate relatives of USC. The relationship must exist before INS grants your LPR. You can talk to your company lawyer how to file I-485 and follow to joint since you are a I-140 beneficiary. Anahit answered the rest of your questions. Unfortunately your other family members have to wait you to become a USC.
 
pitition for my Mother

amishah said:
Yes Sir,
Once mother get GC through her USC daughter, her family (her husbund and unmarried children under 21) can not follow since mother is getting GC as a immidiate relative of USC. The mother has to file for her family after getting GC.
Click to expand...
My mother is on her Multi-entry visa. I am USC and planning to file for my mother while she is in USA. My center is Texas but when i went to my local INS office to collect form, She gave me all the form and told me to send all the document including medical report to Chicago.
Since i m filling to do adjustment of Status so i know that i have to send it to chicago.
My question is: Does anyone know how long does it take to get Green Card for Parents in USA by going through Adjustment of Status?

Please Advice me any one asap.
Thank you
 
keyun21 said:
My mother is on her Multi-entry visa. I am USC and planning to file for my mother while she is in USA. My center is Texas but when i went to my local INS office to collect form, She gave me all the form and told me to send all the document including medical report to Chicago.
Since i m filling to do adjustment of Status so i know that i have to send it to chicago.
My question is: Does anyone know how long does it take to get Green Card for Parents in USA by going through Adjustment of Status?

Please Advice me any one asap.
Thank you
Click to expand...
It depends on your Local DO. Some takes 5 months some 1.5 years. Check out the timeline for your local DO.
 
familybased said:
Foret1,

Your stepson under 21 or spouse should able to immigrate as your derivatives because they are not immediate relatives of USC. The relationship must exist before INS grants your LPR. You can talk to your company lawyer how to file I-485 and follow to joint since you are a I-140 beneficiary. Anahit answered the rest of your questions. Unfortunately your other family members have to wait you to become a USC.
Click to expand...

ari4u and familybased, thank you VERY much for the responses! Appreiciate it!!

i was really hoping to help my family, but i guess there is no quick way out :mad:
 
Is the INS picky about tourist visa and then GC application?

With respect to the original message.
Is it true that the INS does not like it when the parents come on a tourist visa and then the son/daughter applies for the parent's GC???

Do they (INS) think one is trying to avoid the time it takes to wait for the GC aproval abroad?

I hear that they could acuse the parent of fraudently trying to enter the US on a tourist visa when the purpose was to immigrate. Is that true?
 
machelon said:
With respect to the original message.
Is it true that the INS does not like it when the parents come on a tourist visa and then the son/daughter applies for the parent's GC????
Click to expand...
That's true
machelon said:
Do they (INS) think one is trying to avoid the time it takes to wait for the GC aproval abroad??
Click to expand...
No, I don't think so.
machelon said:
I hear that they could acuse the parent of fraudently trying to enter the US on a tourist visa when the purpose was to immigrate. Is that true?
Click to expand...
Yes that has happened to many. Though not all officer does that.
 
machelon said:
With respect to the original message.
Is it true that the INS does not like it when the parents come on a tourist visa and then the son/daughter applies for the parent's GC???

Do they (INS) think one is trying to avoid the time it takes to wait for the GC aproval abroad?

I hear that they could acuse the parent of fraudently trying to enter the US on a tourist visa when the purpose was to immigrate. Is that true?
Click to expand...


The truth in here is that a tourist visa is not issue with the intention to come to the US and then to apply to a GC. So in that matter, if the officer is very picky can give you a hard time about that a B1/B2 visa is not for immigration pourposes. I still don't heard any cases that the parents get refuse for this, but people should be aware of this issue. I think that these cases are specially when parents get a visa just months before came to the US and then right away when they enter their children apply for their GC.
 
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