Visitor Visa / Stident Visa while pending Green Card

G

gammatoy1

New Member
I am a US citizen and am planning to file Green Card application for my sister (who is in India) and her family.

Will she (or her family members) be able to get a visitor visa in the future (given that their GC could take another 10-13 years, will they be able to come here as a visitor?)

Her son is in college and plan to come here for study.... will he be able to get student visa while the above mentioned GC application is pending?

Do you recommend that they should first get visitor's visa, come here and then apply for GC?

Also for her son, should I exclude him from GC application, so he can get student visa without being questioned about the GC?
 
She should get the tourist visa first. Then when she visits the US, file the I-130 and specify consular processing. Then she should leave the US before her I-94 expires. The next time she travels to the US the tourist visa, if they hassle her about the pending I-130, she can point out that she previously was in the US when her I-130 was pending, but she left anyway.

Her son needs to be under 21 (including adjustments for the CSPA) to be eligible for a green card as her dependent. With him already being in college, he apparently is too close to 21 to have a realistic chance of obtaining a green card before he ages out during the 10+ years of waiting. So it's probably not worth it to jeopardize his student visa for a GC that he probably won't get. Ultimately, it's up to you and your sister and her son to weigh the risks and decide whether it's worth it to try for the GC anyway.
 
Thanks Jackolantern.
My sister's son is 19. Wouldn't he be covered under CSPA if we file I-130 now?
Second question: his other son is 17. What do you recommend about his case? Both of them would like to come her on F1 for study, if possible and I would like to make sure that by adding them to GC application does not jeopardize their student visa.
 
gammatoy1 said:
Thanks Jackolantern.
My sister's son is 19. Wouldn't he be covered under CSPA if we file I-130 now?
Click to expand...
Highly unlikely. The CSPA allows subtracting the I-130 processing time from the actual age; it doesn't freeze their ages forever when the I-130 is filed. If it takes the expected 10 years for the PD to become current, her sons will be 29 and 27, thus requiring the I-130 to be pending for about 9 years and 7 years respectively.
 
I would advise you to file an I-130 for your sister only after her children are 21 plus. Reason being, they will never get derivative GCs through her. So why lessen their chances of getting an F-1 visa either? No point in my opinion.

gammatoy1 said:
Thanks Jackolantern.
My sister's son is 19. Wouldn't he be covered under CSPA if we file I-130 now?
Second question: his other son is 17. What do you recommend about his case? Both of them would like to come her on F1 for study, if possible and I would like to make sure that by adding them to GC application does not jeopardize their student visa.
Click to expand...
 
You must log in or register to reply here.
Top