USC filing for unmarried children under 21

[tkbbw]

Hello everyone!
I am a naturalized USC and preparing to file I 130 for my unmarried sons under 21. ( ages 20 & 18) I have a few questions I am hoping someone can answer for me.
1) My youngest child is attending college in my home country and would like to finish his course of study there. Would his GC be in jeopardy in this situation? I have been researching and I am concerned that immigration will view this as he has no intention of permanently residing in the US. This is not true, colleges in my home country are very affordable and I would be unable to pay for college in the US. If I wait to file until he is finished school he will age out.
2) Another concern, what happens if this same son while studying abroad gets married? This is not his plan at this time, just my worry! Would this affect his GC status??
Thank you for any advice.

 

[Jackolantern]

1) My youngest child is attending college in my home country and would like to finish his course of study there. Would his GC be in jeopardy in this situation? I have been researching and I am concerned that immigration will view this as he has no intention of permanently residing in the US. This is not true, colleges in my home country are very affordable and I would be unable to pay for college in the US. If I wait to file until he is finished school he will age out.

You can delay filing for him until he is almost 21. As long as he remains unmarried and you file the I-130 before he turns 21, the CSPA will protect him from aging out even if he turns 21 before completing the process. It will take 6-12 months after the I-130 filing for him to get a consular interview, then after approval at the consulate he would have another 6 months to enter the US. So he would be about 22 before he has to enter the US.

Then if he still needs another year or two to study more in the home country, after his initial entry to the US he can get a reentry permit which would protect his GC for 2 years while he's abroad. They tend to be lenient on students, so one 2-year stretch for studying with a reentry permit won't create a problem for his green card (although it would likely delay his citizenship eligibility).

2) Another concern, what happens if this same son while studying abroad gets married?

If he gets married before landing in America with his GC, he would no longer qualify as an under-21 unmarried child of USC, and would instead be in the Family 3rd preference category which has a wait of about 10 years (longer if he's from Mexico or the Philippines). But in the 3rd preference category, his wife (and kids, if any) would be able to get a GC along with him at the end of that long wait.

 

[tkbbw]

Thank you so much for your quick advice.
I was hoping to file for them both together so they may travel to the US together and also because I meet the requirements for the Affadavit of Support. With the economy I dont know how much I will be making 2 years from now! I also have no one who would cosponser my sons if my income was to fall short of the requirements (the guidelines seem to increase each year). No assets, lost my equity in my home, send most my earnings home for my sons so no savings!
If I file for both just before my older son turns 21, (April) and it takes 6-12 months, then another 6 months before they must come, my younger son would be near 20, with a little more than 2 years to finish school. If he comes to US at that time when GC is approved traveling on his break and then files for a waiver, would that be a solution?
If something should go wrong and I lose my job or illness or whatever, I may never get the younger one here. All is good right now, would like to get it done while it stays that way!!
Thank you once again for your help!

 

[Jackolantern]

If you file for your older son right now he should get his green card next year, and if he's working he could be a co-sponsor for his younger brother if necessary.

If I file for both just before my older son turns 21, (April) and it takes 6-12 months, then another 6 months before they must come, my younger son would be near 20, with a little more than 2 years to finish school. If he comes to US at that time when GC is approved traveling on his break and then files for a waiver, would that be a solution?

It would be better if your younger son first arrives with his GC with less than 2 years of school remaining. That way his remaining studies would fit within the 2 years allowed by the reentry permit.

However, if he has more than 2 years remaining he can still manage it with some extra traveling. For example, arrive in the US to register his admission, leave the US a few weeks later without applying for a reentry permit, study for 1 semester, return to the US at the end of the semester and apply for the permit to cover him for the next 2 years.