help for family

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dreamwork2

Registered Users (C)
I got GC in May. I applied for my husband and daughter one year after I got my asylum approval in 1999. They got letter and could come USA in 2000 but for some reason they decided not come to USA. And we divorced in 2002. But I want my daughter who is 13 years old now come to USA. What is the best way? My ex-husband wants her just visit sometimes. Can she just visit USA? Should I apply her I-130 again? Should I wait until I get citizen to apply her to immigrate?

one lawer said she can't get visa or very low chance to get visa for visiting. I can apply her to immigrate but she will wait 4-5 year in China and can't visit after appply that. it is better to wait untill I get my citizen then apply her and she is not over 18 (21) years old.


please advise: what is the best way?
 
dreamwork2 said:
I got GC in May. I applied for my husband and daughter one year after I got my asylum approval in 1999. They got letter and could come USA in 2000 but for some reason they decided not come to USA. And we divorced in 2002. But I want my daughter who is 13 years old now come to USA. What is the best way? My ex-husband wants her just visit sometimes. Can she just visit USA? Should I apply her I-130 again? Should I wait until I get citizen to apply her to immigrate?

one lawer said she can't get visa or very low chance to get visa for visiting. I can apply her to immigrate but she will wait 4-5 year in China and can't visit after appply that. it is better to wait untill I get my citizen then apply her and she is not over 18 (21) years old.


please advise: what is the best way?
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I agree with the lawyer--getting a visitors visa for your daughter will be very tough, if not impossible. If you apply with I-130 again, will your husband allow her to leave the country? If so, that might be the quickest way. Otherwise apply for her as a dependent of a GC holder, and if its not processed by the time you become a citizen, the priority will change at that time and you can bring her in very quickly in 2010 as the minor child of a citizen.

Good luck
 
Thanks.

I thought I could not apply I-130 for her again base on the asylum because I got GC this May. But I can apply I-130 for her as I hold GC now. Is that right?
 
dreamwork2 said:
Thanks.

I thought I could not apply I-130 for her again base on the asylum because I got GC this May. But I can apply I-130 for her as I hold GC now. Is that right?
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I believe you actually applied for her using I-730 before you got your green card, not the I-130.

Now you need to use the I-130 form based on your status as a permanent resident (green card holder)

Unfortunately, the backlog for China will be pretty high and its very likely you will get your citizenship before that is approved. But because she will still be an unmarried minor at that time, her priority category will change because of your citizenship and she will get approved very quickly at that time. You may have to actually notify CIS that you have become a citizen for that to happen (I am not sure)

Again, good luck, and I hope you see your daughter soon.

F
 
Your daughter may come any time.

Because your daughter received the USCIS approval in 2001 and the relation with you keep in the time, she has a very good chance to receive a letter from USA consulate in her country. All she need to do is make the medical required, go to the consulate with the approval letter and they will extend a letter allowing your daughter to fly to USA.

I will write you later explaining the legal basis to support your case.

Follow my advice and you will have your daughter with you very soon.
Good luck.
 
Legal Basis

Please follow the following link having the law
http://uscis.gov/lpBin/lpext.dll/in...5/slb-15058?f=templates&fn=document-frame.htm

The most important part is in the part c) saying this:
"The approval of the Form I-730 shall remain valid for the duration of the relationship to the asylee and, in the case of a child, while the child is under 21 years of age and unmarried, provided also that the principal's status has not been revoked. However, the approved Form I-730 will cease to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative of an asylee. (Revised effective 2/26/98; 63 FR 3792)"

Your daughter under the law has the right to come any time if she is under 21. Greetings! I'm happy for you.
 
lookingforgreen said:
Please follow the following link having the law
http://uscis.gov/lpBin/lpext.dll/in...5/slb-15058?f=templates&fn=document-frame.htm

The most important part is in the part c) saying this:
"The approval of the Form I-730 shall remain valid for the duration of the relationship to the asylee and, in the case of a child, while the child is under 21 years of age and unmarried, provided also that the principal's status has not been revoked. However, the approved Form I-730 will cease to confer immigration benefits after it has been used by the beneficiary for admission to the United States as a derivative of an asylee. (Revised effective 2/26/98; 63 FR 3792)"

Your daughter under the law has the right to come any time if she is under 21. Greetings! I'm happy for you.
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Lookingforgreen, Great detective work and great advice.
 
Thank all of you !! It is so helpeful !!


So the I-730 approval letter is not expired and I can let my daughter bring the letter to USA consulate.!! But the problem is she can't go back to visit her father if she uses the I-730 to come USA. He wants her back and forth , nuts!! sad!! really tired to think about.

I wish I found this site earlier to help me get over the hard time.

Thank you guys agian.
 
You are the mother.

Your daughter should be with you, rather than her father.
But if you want her visiting you try first apply for a tourism visa for her explaining the case, if it doesn't work you can always bring her to live here with you.
 
Thank you.

I have been stuck here so long. Feel so bad and sorry to the little girl. Can I try to apply visiting visa during the summer school and let her visit me? of course tell the embassy the truth. if it doesn't work then apply I-130 or bring the I-730 to come here. my case is too special. there was noone I could talk about before I found this site.

so grateful to hear from you .
 
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remember

befor you get her here you will need your ex husband to let you have her legal custody within accordace to the china laws so you really need to be nice with your ex husband or you will wait for her to became 18 ages old to choise whether she want to immigrant in us as an asylee derivative or want to stay with her dad also make sure find out what is the china's laws said on children custody after divorce for more information see what I-730 said if the child parent are not together so be nice with your ex husband and see what is the best for your child . God bless and good luck :)
 
This are just my personal preferences. I would do everything within my power to take my children out of China and let them to live in the United States. I just would not want my kids to grow up in a communist dictatorship if I could do anything to prevent that. And I know countless Chinese parents who search high and low to get their kids out.
 
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