Impact on child's status once parent's immigration status change

S

sanmetro

New Member
We are Canadian citizen and our second child is also a Canadian citizen. I'm working in the U.S. on a TN visa, and my family is here on TD (dependent) visas.

Our US-born adult child will soon be eligible to sponsor us and our younger child for family-based green cards. Once we (parents) get our GC, and sponsor our second (minor) child for GC (changing the sponsorship category from a citizen sponsoring a sibling to a green card parent sponsoring a minor child), (I am apprehensive about), what will be the legal/immigration status of our minor child in the US if I lose my TN visa after obtaining a green card and what will be the status for the minor child during the green card sponsorship process?

Thanks & regards.
 
sanmetro said:
We are Canadian citizen and our second child is also a Canadian citizen. I'm working in the U.S. on a TN visa, and my family is here on TD (dependent) visas.

Our US-born adult child will soon be eligible to sponsor us and our younger child for family-based green cards. Once we (parents) get our GC, and sponsor our second (minor) child for GC (changing the sponsorship category from a citizen sponsoring a sibling to a green card parent sponsoring a minor child), (I am apprehensive about), what will be the legal/immigration status of our minor child in the US if I lose my TN visa after obtaining a green card and what will be the status for the minor child during the green card sponsorship process?

Thanks & regards.
Click to expand...
It will be faster for you to sponsor the minor as a child of green card holder (around a 3 year wait) than as a sibling of your soon to be citizen son (approximately 17 years), but as noted above your child will lose legal status in the US when you become a LPR though an adult child sponsoring you, as there will be no derivative status available for that child.

btw you do not “change the category“ from sibling of usc to child of LPR. Those are two separate petitions as the petitioners are different. You can keep both going petitions going at the same time as a form of insurance.

while a minor child does not accrue unlawful presence, if you choose to stay in the US with him even though he has lost status, he will not be able to adjust status when his priority date is current as he will have no status to adjust from. You will have to take him to a consulate to get a visa.
 
Thank you all for your kind responses. I had this question since couple of months in my mind, but was not able to find a forum to post it. I am happy to connect this forum.

I was concerned definitely and mind was blocked on this issue, however I found solution to my issue, just clicked it last night with God's kindness; and sharing the idea which might help others; my wife & second child are on TD (dependent visa); and my elder US born can file GC for my wife; once my wife gets her GC, in 1 to 2 years; she can file same for our second child which might take 3 years as mentioned by someone in above reply. Meanwhile I can still stay on TN visa and second child on TD during that period, and continue my job. Once above 2 processes are complete; after that my GC can be planned.

Please let me know if there is any deficiencies in about thought process.

Someone asked age about my minor kid, she would be 17 or 18 once my spouse get her GC.


I read that following are stages of parent GC process - Form I-130, I-485, I-765, I-131, Fingerprinting, gets GC.
Another question is that:- at what stage a parent can file for her (17 or 18 year old) child; is it only at last stage (when GC is received); or this filing can be done before that?

Thanks for your reply.
 
Hello guys,

Are there any areas where you believe the above plan could be improved or where risks might arise? Please share your insights.

Thanks...
 
sanmetro said:
Thank you all for your kind responses. I had this question since couple of months in my mind, but was not able to find a forum to post it. I am happy to connect this forum.

I was concerned definitely and mind was blocked on this issue, however I found solution to my issue, just clicked it last night with God's kindness; and sharing the idea which might help others; my wife & second child are on TD (dependent visa); and my elder US born can file GC for my wife; once my wife gets her GC, in 1 to 2 years; she can file same for our second child which might take 3 years as mentioned by someone in above reply. Meanwhile I can still stay on TN visa and second child on TD during that period, and continue my job. Once above 2 processes are complete; after that my GC can be planned.

Please let me know if there is any deficiencies in about thought process.

Someone asked age about my minor kid, she would be 17 or 18 once my spouse get her GC.


I read that following are stages of parent GC process - Form I-130, I-485, I-765, I-131, Fingerprinting, gets GC.
Another question is that:- at what stage a parent can file for her (17 or 18 year old) child; is it only at last stage (when GC is received); or this filing can be done before that?

Thanks for your reply.
Click to expand...
I think this plan largely sounds fine but it also depends on timing. If your child turns 21 before the process is complete, she no longer qualifies for TD status. There is no way to know what the wait time for F2A will be when your wife gets her green card. Could be shorter or longer than current.

The parent can file for the child on the first day she becomes a LPR but not before.
 
You must log in or register to reply here.
Top