Questions Reg: family sponsored immigration

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lassi

Registered Users (C)
Can someone Answer these questions please..........

A petition for immigration (green card) has been filed for my mother by my uncle in (June)1995. This comes under fourth preference.

1. When is this likely to get processed?

2. Once this petition is processed, is my mother eligible to take her Spouse and her under 21yr son(me) along with her or Does she have to file a petition under second preference which includes spouse and children?

3. If i cross my 21 yrs before the petition is processed will there be any problem when i apply for an F-1 visa for my masters degree since my mother holds a green card which shows that i will not return to india after my studies.(I am doing my undergraduation here in India.). Is there any other way for me to go to US when my mother has a Green Card?

if possible reply to my email id : gk_general@hotmail.com
 
lassi said:
Can someone Answer these questions please..........

A petition for immigration (green card) has been filed for my mother by my uncle in (June)1995. This comes under fourth preference.

1. When is this likely to get processed?

2. Once this petition is processed, is my mother eligible to take her Spouse and her under 21yr son(me) along with her or Does she have to file a petition under second preference which includes spouse and children?

3. If i cross my 21 yrs before the petition is processed will there be any problem when i apply for an F-1 visa for my masters degree since my mother holds a green card which shows that i will not return to india after my studies.(I am doing my undergraduation here in India.). Is there any other way for me to go to US when my mother has a Green Card?

if possible reply to my email id : gk_general@hotmail.com
Click to expand...
Well if your uncle is a brother of your mother then it will take atleast 12-13 years to get her GC.
 
lassi said:
I want someone to answer the second and third questions....
please.....
Click to expand...
She can take her spouse and son if he is under 21 at that time along with her.
On your 3rd Q, yes you might will face difficulties getting F1 unless you can show real strong ties like your own family, business in India. So you are planning for your masters after 13 years? :confused:
 
From My Guess She Has A Few Years To Go! She Will Able To Bring Her Husband And Any Child Under 21 At The Time. Bad Luck If U Turn 21 By That Time, Who Can Tell What They R Up To Next, Maybe By The Time You Get Your Masters They Will Have Priority Dates In Place For All Eb Categories. Jus Hope They Don't. But I Think They Will, This Immigration Thing Is Becoming Complicated
 
answers

1. if you are under 21, you will be ok
2. you may have some difficulties to receive F-1 visa due to previous immigration intent and family ties in the U.S.
3. You mother may have to wait 2-3 years if her priority date is June, 1995.
4. You best bet would be that the CSPA (Age-out child) regulations allows you to retain your mother's priority date and move you to F2B when you reach 21 years old. Currently you cannot retain your mother's priority date after you are aged out. Cross your fingers that the INS eases on the CSPA regulation. Good luck
 
Hi

So is there any news that the retention of Priority date clause under the CSPA will come through?
There are so many people waiting for this to happen!!
The surprising thing is that you move up automatically from F2b to F1....
the same logic does not work here
 
familybased said:
1. if you are under 21, you will be ok
2. you may have some difficulties to receive F-1 visa due to previous immigration intent and family ties in the U.S.
3. You mother may have to wait 2-3 years if her priority date is June, 1995.
4. You best bet would be that the CSPA (Age-out child) regulations allows you to retain your mother's priority date and move you to F2B when you reach 21 years old. Currently you cannot retain your mother's priority date after you are aged out. Cross your fingers that the INS eases on the CSPA regulation. Good luck
Click to expand...
I am finally getting this. So, if the person, who the USC petitions, is not an immediate family, then he/she can take her spouse and unmarried children (under 21) with him/her. I have a few questions, though.
1. Does the child have to be under 21 the day Priority Date becomes current?
2. When they come to US, can all of them apply to adjust their status immediately.
 
inquiries re: f2b

May I also inquire on this thread..?

Here are my inquiries:

1. my appointment arrived with F2b preference category and my request for retention to f2b was denied by the DHS because my initial petition was 203(a)(2)(A), what then should be my current preference category be?

2.Since my request for retetion for f2b was denied by the DHS, what should I do next?
 
Hello Gulbert
This is what you wrote:
1. my appointment arrived with F2b preference category and my request for retention to f2b was denied by the DHS because my initial petition was 203(a)(2)(A), what then should be my current preference category be?

If you had a petition for F2b - and you had a priority date - what do you mean "my request for retention to f2b was denied "
Were you under some other category and then transfered to F2b?
 
what do you mean "my request for retention to f2b was denied "
Were you under some other category and then transfered to F2b?

since my current category is f2b i have submitted a letter to the DHS regarding my intention of avail of the section 6 of the CSPA law, which the beneficiary can request to retain his/her preference category for immediate process and can joint to his/her parents immediatly instead of waiting the current date. Are you aware of this law?
 
Hi
so you mean under CSPA, the derivatory children can, in case they are above 21 years, apply under F2b category? Under section 6 of CSPA ?

Have there ever been any ruling in favour of anyone applying under this law?
I mean, your petition was also denied - what did they tell you, why did they deny it?

The interpretation of the law is a problem..
 
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