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Please Help (for my minor children)

M

MagedonMM

New Member
Dear all,

I would like briefly to explain my case:


We are winners of Diversity Visa Lottery 2014.

Our application for diversity visa lottery 2014 was for 4 members of our family and the application was submitted in 2012.

On the May 1. 2013 we got the information that we are the winners of green card.

Although our application was for whole family (2 parents and two minor children), we got information from the Embassy that because of the deficiency of visas for 2014 they can issue us only two visas (for me and my wife).

The Embassy issued us visas only for me and my wife and we must entered in USA in a period of 6 months (deadline is January 10 2015) .


There are not available visas for our children, although we made application for whole family (including our children).

The children are three and a half years old - twin and that is a problem for us, because they are very small and cannot be left alone.


I am asking for YOUR help, what should I do or where to address to complain, to submit a petition… so our whole family to immigrate in USA.


As I know the DV Lottery is family based program with the opportunity for the whole family to immigrate in USA, not for separation of the family.

:(
:(
:(
 
Firstly, I don't think a petition or complaint will help at all. By law no more DV visas for FY2014 can be issued as that FY is over, so complaining/petitioning won't help - it will just waste time. I'd suggest contacting an immigration lawyer in the US to find out the fastest way you can file an immigrant petition for the children on F2A, and if there is a way you can do this without being (physically) resident in the US first - obviously you will need to have entered on your immigrant visa and become an LPR before you can sponsor an immigrant petition for them. I don't know if you would be allowed to bring them in on visitors visas with your immigrant visas as the intent to immigrate for them is obvious. So I think the best advice at this stage is to speak to a lawyer to see what your best options are. There may be some dispensation for very small children that we are unaware of, but the important Point is that your question is now not a DV one but a general immigration one, and beyond this forum as a result.
 
This is a sad and frustrating case. It was clearly a mistake on the part of the embassy - however, as Susie points out that is irrelevant now.

The good news is that your children are in the F2A category as Susie points out. The current visa bulletin shows the priority date for F2A to be 01Feb2013. That means they are dealing with petitions filed to that point - just over 18 months ago. It should be possible to activate your LPR status (by entering the USA) and then file a petition for your children. It will take time - but not too long. If you plan it correctly the whole process could be quite smooth. You will need to keep the LPR status alive by visiting the USA perhaps a couple of times or perhaps even applying for a re-entry permit to allow you time to process the visa petition for the kids.

However, I would reiterate what Susie said, and as I have told you already. You need to engage a lawyer. You will need a lawyer to plan your strategy of when to activate, when and how to file and decide at what point you could all enter as a family. The application itself will be somewhat costly and the legal fees will be on top of that along with the costs for travelling to keep the LPR status current OR the re-entry permit. I'm sure all of that will cost thousands of dollars. You will have to decide whether the end result justifies that expense.

Best of luck.
 
Simon, correct me if I'm wrong but I undestand you have to be living in the US with enough income to sponsor family even if it is immediate relatives. So I don't think just visiting to keep the green card active, or a re-entry permit, it going to help here. This was why I suggested legal advice in this case.
 
SusieQQQ said:
Simon, correct me if I'm wrong but I undestand you have to be living in the US with enough income to sponsor family even if it is immediate relatives. So I don't think just visiting to keep the green card active, or a re-entry permit, it going to help here. This was why I suggested legal advice in this case.
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I think a third party (such as a relative) could be the financial sponsor if needed, and of course we are talking about the children anyway. Given the situation he could also go ahead and secure a job to make the finances work, so perhaps a parent could be the sponsor of the child in any case. However I absolutely agree that he speaks with a lawyer, but he just needs to be prepared for the costs.
 
Yes actually, I think the solution might be that both parents activate, one goes home to be with the kids (possibjy with a reentry permit but that itself takes time) while the other stays in the US and works and files the petition.
 
SusieQQQ said:
Yes actually, I think the solution might be that both parents activate, one goes home to be with the kids (possibjy with a reentry permit but that itself takes time) while the other stays in the US and works and files the petition.
Click to expand...

Yep agreed - with some trips they can make that time period last long enough. It won't be fun and it will be expensive, but it could be done.
 
I am pretty sure there is a way around and they could enter as 'Parolees'!
The PA or both will have to activate the GC before filing i 131.
Pl check on this more, I hope you'd get it easily.

http://www.uscis.gov/humanitarian/humanitarian-parole

Requirements for Parole

-Anyone can file an application for humanitarian parole.
- You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State
- You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted


Best!

PS: http://www.uscis.gov/i-131 (application Type 'F')
 
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NuvF said:
I am pretty sure there is a way around and they could enter as 'Parolees'!
The PA or both will have to activate the GC before filing i 131.
Pl check on this more, I hope you'd get it easily.

http://www.uscis.gov/humanitarian/humanitarian-parole

Requirements for Parole

-Anyone can file an application for humanitarian parole.
- You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State
- You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted


Best!

PS: http://www.uscis.gov/i-131 (application Type 'F')
Click to expand...

At first glance one would think the "cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures" would apply - again, I would suggest a lawyer - who would probably be needed to see if this could fall under "urgent humanitarian reasons" and then be able to argue to USCIS the case that it does.
 
SusieQQQ said:
At first glance one would think the "cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures" would apply - again, I would suggest a lawyer - who would probably be needed to see if this could fall under "urgent humanitarian reasons" and then be able to argue to USCIS the case that it does.
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Dear all,


First of all I would like to thank YOU from the bottom of my heart for the selflessness help that YOU gave us. We would be eternally grateful to YOU.

God bless YOU and YOUR family and YOUR life always to be instinct with happiness.

If you know anything else pls share with us.
 
MagedonMM said:
Dear all,


First of all I would like to thank YOU from the bottom of my heart for the selflessness help that YOU gave us. We would be eternally grateful to YOU.

God bless YOU and YOUR family and YOUR life always to be instinct with happiness.

If you know anything else pls share with us.
Click to expand...

It's unfortunate that your family ended up with 2 visas instead of 4. At this point, there's really nothing useful/tangible anyone here can tell you with regards to your case. Like others have said, the next step as to how to bring your children to the US is really to speak with a competent immigration lawyer. And no, FTJ is not an option in your case.
 
MagedonMM said:
PLS

Folow- to- join is it the option or not for my case?
Click to expand...

Just to clarify, as others have said correectly no but not told you why: follow to join requires (1) that visa numbers are available and (2) those visas must be issued before the end of the fiscal year the prinicple applicant got the DV visa for. Neither of those are possible anymore.
 
MagedonMM said:
Dear all,

I would like briefly to explain my case:


We are winners of Diversity Visa Lottery 2014.

Our application for diversity visa lottery 2014 was for 4 members of our family and the application was submitted in 2012.

On the May 1. 2013 we got the information that we are the winners of green card.

Although our application was for whole family (2 parents and two minor children), we got information from the Embassy that because of the deficiency of visas for 2014 they can issue us only two visas (for me and my wife).

The Embassy issued us visas only for me and my wife and we must entered in USA in a period of 6 months (deadline is January 10 2015) .


There are not available visas for our children, although we made application for whole family (including our children).

The children are three and a half years old - twin and that is a problem for us, because they are very small and cannot be left alone.


I am asking for YOUR help, what should I do or where to address to complain, to submit a petition… so our whole family to immigrate in USA.


As I know the DV Lottery is family based program with the opportunity for the whole family to immigrate in USA, not for separation of the family.

:(
:(
:(
Click to expand...
Hi MagedonMM,

Sorry to hear about your case. Hopefully, it will all be sorted somehow.
I was wondering (since I have a high CN myself), what was your CN (hide last 2 or 3 numbers) and on which country did you have the interview?
 
Please can someone answer my specific question
I am a LPR based on dv lottery. Because of deficiency of visas , visas were issued only for me and my wife, not for my two minor children. I applied for F2A visa for my 2 minor children and my immigrant petition was approved by USCIS. My question is about the Affidavit of support - because I am the petitioner, but I haven’t work in USA, can only the joint sponsor complete the form I – 864? If the answer is YES, how much his incomes should be?
 
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MagedonMM said:
Please can someone answer my specific question
I am a LPR based on dv lottery. Because of deficiency of visas , visas were issued only for me and my wife, not for my two minor children. I applied for F2A visa for my 2 minor children and my immigrant petition was approved by USCIS. My question is about the Affidavit of support - because I am the petitioner, but I haven’t work in USA, can only the joint sponsor complete the form I – 864? If the answer is YES, how much his incomes should be?
Click to expand...
Both you as the sponsor and, if so required, a qualified joint sponsor need to complete either one of the two I-864 versions. Detailed information on your last question is included in the instructions to the form, as amounts are regularly adjusted and depend on factors described there, also.
 
Off topic, are these kinds of situations common (derivatives being denied visa's), or as Simon pointed out, this is a mistake from the embassy.
If this happens during the time of the interview, what avenues are there to handles this situation?
 
Puneet Satyawan said:
Off topic, are these kinds of situations common (derivatives being denied visa's), or as Simon pointed out, this is a mistake from the embassy.
If this happens during the time of the interview, what avenues are there to handles this situation?
Click to expand...

Yes derivatives can be denied, nothing unusual about that. If the derivatives do not clear the background checks or their medical exam, they will be denied and there's no avenue for rectifying the denial. If a derivative is currently under a ban from entering the U.S., the derivative will be denied. The approval of the PA does not mean an automatic approval for the derivative.
 
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