help: Parents with GCs but refugee children overseas

S

ShaneMild

Registered Users (C)
Hello,

I posted this earlier on another part of the message board, but this place may be more appropriate.

My father and mother-in-law came to the US on immigrant visa's through their daughter (whom is a US citizen). However, they had to leave three kids (14, 20, and 27 yo - none married) behind because the US embassy would not allow those kids to accompany their parents to the US. We understand that we can do petition I-130 and bring the kids over to the US some 6-10 years later. But the problem is that this entire family had been living as refugees in a third country for the past 14 years. They have valid documents by the UNHCR stating that they are indeed refugees.

Given the fact that the kids are refugees in a foreign country with no right to work or study in any public institute, anything we can do to be able to bring the kids to the US sooner than the 6-10 wait period?

Regards
SM
 
ShaneMild said:
Hello,

I posted this earlier on another part of the message board, but this place may be more appropriate.

My father and mother-in-law came to the US on immigrant visa's through their daughter (whom is a US citizen). However, they had to leave three kids (14, 20, and 27 yo - none married) behind because the US embassy would not allow those kids to accompany their parents to the US. We understand that we can do petition I-130 and bring the kids over to the US some 6-10 years later. But the problem is that this entire family had been living as refugees in a third country for the past 14 years. They have valid documents by the UNHCR stating that they are indeed refugees.

Given the fact that the kids are refugees in a foreign country with no right to work or study in any public institute, anything we can do to be able to bring the kids to the US sooner than the 6-10 wait period?

Regards
SM
Click to expand...

ShaneMild:

Unfortunately, there is no way your parents can bring the children here. The children can ask for refugee status through the UN on their own which is long process with an unpredictable result, but the only way your parents can bring the children here is the process you discribed. The process can be shorter if your parents become citizen.

It would have been good if your parents came with refugee status with I-94 through section 207, in which case they could have sponsered their remaining family members, but as it appears your parents come on an immigrant visa. This makes them inelligable refugees status and benifits....
 
Thanks for your reply,

This is not good news for my wife and her parents.

My in-laws actually tried to come visit us in the past, 5 years ago, when our kid was born and they were refused visitor's visa by the US embassy overseas, claiming that they are considered refugees by the UN and would be at risk of not leaving the US. Ironically, at that time, my in-laws did not intend to overstay their visa or apply for refugee in the US in hopes of going back to their homeland in Chechnya. But even if they intended to apply for refugee in the US, they couldn't come here anyway.

We only decided to try to bring the family here 2 years ago when authorities in that third country (in which they were residing as refugees) became more difficult and abusive, let alone they can't work or go to school there!

To bring the family here, we wanted to do things the right way with the US immigration and went down the path of applying for their immigrant visas while they waited overseas. The problem here is that they weren't allowed to bring their kids with them… and so those refugee kids are stuck in a foreign country overseas!

SM
 
Correct me if I am wrong, I thought a 14 year old would qualify at least for an application to be submitted? since the child is clearly a minor and needs parental care...

I know once you get to 18-21 its a different story.... I am not sure why the parent't couldn't get the 14 year old to come out to the US
 
My in-laws asked the very same question when they went to the US embassy to get their immigrant visas. The embassy told them they have to file separate petitions for each kid and it would take at least 6 years for the younger ones before they can join them here in the US.

It seems they could've only been able to bring their kids here if the parents circumvented the proper way of immigrating to the US (which is the route they followed) by sneaking in on visitors visas and then apply for refugee status. That way, their kid would’ve been able to join them quickly.
 
ShaneMild said:
My in-laws asked the very same question when they went to the US embassy to get their immigrant visas. The embassy told them they have to file separate petitions for each kid and it would take at least 6 years for the younger ones before they can join them here in the US.

It seems they could've only been able to bring their kids here if the parents circumvented the proper way of immigrating to the US (which is the route they followed) by sneaking in on visitors visas and then apply for refugee status. That way, their kid would’ve been able to join them quickly.
Click to expand...

Under the Immigration and Nationality Act, when you immigrate as the parent of a United States citizen, you cannot bring along your kids with you.
 
ShaneMild said:
Hello,

I posted this earlier on another part of the message board, but this place may be more appropriate.

My father and mother-in-law came to the US on immigrant visa's through their daughter (whom is a US citizen). However, they had to leave three kids (14, 20, and 27 yo - none married) behind because the US embassy would not allow those kids to accompany their parents to the US. We understand that we can do petition I-130 and bring the kids over to the US some 6-10 years later. But the problem is that this entire family had been living as refugees in a third country for the past 14 years. They have valid documents by the UNHCR stating that they are indeed refugees.

Given the fact that the kids are refugees in a foreign country with no right to work or study in any public institute, anything we can do to be able to bring the kids to the US sooner than the 6-10 wait period?

Regards
SM
Click to expand...

The kids may be able to gain admission to the United States as refugees. It depends on the level of danger they are in and their nationality. Check out the State Department's website.
 
Thank you for your response. The kids are from Chechnya (Russian Federation) and the family went through hell before they fled that region, leaving several dead relatives behind. We will check out the Dept. of State. We also wrote to the US Embassy overseas (where the kids are located) asking for help, but they have not responded…at least not yet.
 
Chechnya is the country in war - it might be easier to get to the USA than is seams, especially with the help of a lawyer. If only childrens' parents could afford one...
 
They have lived in terrible conditions as refugees for many many years and have no money to speak of. My own resources are stretched to the limit as I struggle to take care of two families (my own and my in-laws)

I know they are faced with a rather unique situation and It would only make sense to allow refugee dependent kids to join their LPR parents in the US.

Thanks for the input.

SM
 
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