Disabled daughter

[noway123456 1]

Hi everyone,

I have a family member who just entered the U.S. on a Immigrant Visa. Her USC daughter filed an I-130 (I believe) for her so she can become a legal permanent resident. She has now been in the US for about a month.

The issue for her arises that she has minor unmarried child that is left in Afghanistan, who is also severely disabled. She was widowed 10 years ago so there is no father in the picture. Currently, she is left at the care of her brother and their wives. As it is known to most of the Western world, the value of life and care towards individuals with disabilities is quite abusive in Afghanistan. Now that her mom is not with her, the mother is worried about the well being of her daughter.

For her to bring her daughter to the U.S. she would have to file an I-130. My questions are:

Is there a time period that the mother must be in the US before being able to file the I-130?

I know that in general it states that the I-130 takes about 10 years for a child, but is there any way to expedite this case?

Any help would be really appreciated!

[aleful 1,905]

hi

you said she is a minor, meaning under 21, so it doesn't take 10 years, maybe 2 years or a little more

she can expedite the i130 maybe but the rest there is a waiting time that cannot be changed

how old is she?

[Boiler 43,362]

More likely 2 or 3 years.

Can file as soon as she has her GC.

You need to wait for the visa number to become current, not quite sure how an expedite would work after the Mother had intentionally abandoned the child initially.

Edited July 27, 2014 by Boiler

[NigeriaorBust 4,087]

You could expedite the approval of an I 130 but that would have no affect on the wait time for a current visa number and there are no expedites for that. The mother can get her green card and apply for a re entry permit to stay out of country with the daughter if she has a co sponsor. Currently it looks like 2-3 years. But that could change in either direction.

[Ian H. 207]

She could file the I-130 as soon as she enters the US as an LPR. The stamp on her passport either on the visa or as a seperate i-551 stamp, would serve as proof of her status. She doesn't have to wait to receive the physical green card. If she is a minor child it is taking less than or equal to 2 years for visas to be available, not including NVC processing. I don't think there may be a way to expedite since they cannot issue a visa before one becomes available. If there is a way, I wouldn't know about it. The process for bringing parents is very inconvenient in this kind of situation because she was unable to bring her daughter as a derivative, so I do understand their concern.

Edited July 27, 2014 by ianhalliwell186

[apple21 953]

The mom can go back to Afghanistan and stay there until the visa process is complete but she must apply for a RE-ENTRY PERMIT so she doesn't lose her LPR status.

http://www.uscis.gov/i-131

How old is the child now?

Edited July 28, 2014 by apple21

[MUXAGIRL 69]

She can sponsor as soon as she wants to. She is already a GC holder and it is not conditional. How old is the child? If the child is going to turn 21 in two/three years time, then expediting I-130 is a bad idea. The time spent before I-130 approval can work in his/her favor.

If the child is significantly younger, meaning no fear of aging out in near future, still no point in expediting the I-130 as it might be two years before July/August 2014 PD becomes current in F2A category and a visa number is available. But you never know, things might work out sooner. Keep an eye on the monthly visa bulletin.

Your relative can stay outside of the US up to six months in a given year without the fear of losing her green card. If she can afford it, flying out there every couple of months and staying for a couple of months with her child and coming back to the US and repeating the same thing can be doable. Or applying for a reentry permit and then staying for longer period of time can be done.

I don't think this is a matter of abandonment as a previous poster has stated. The mother wants to make a better life for herself and her child away from a war torn country and she had to enter the US to get her GC. Now that she has it, she wants to turn around and take care of the child. Its not like she has forgotten and severed ties!