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VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America

iluvfl
Hi:

I am a US Citizen and I am trying to petition my parents fro GC/LPR. My parents live in India. They have two adopted children aged 12 and 7 years old. Theya re going to school in India. I need help with the following questions

1) I beleive my parents can petition for the children under F2A category, rigt?

2) If my parents get the GC. Then the children has no one to care for in India. How can the children accompany them? Or the children struck in India?

3) I have heard of V2 Visa to bring the children. That may not even apply in this case.

4) Can the children enter USA under tourist visa, then have my parents petiton for the children when they are here? If so, what would be their status once the visitor visa expires? How can they go to school? Then we need to worry about insurance etc.,

Can any one help me here? Is there any simple solution here?

Thanks
YuAndDan
1) Yes after parents enter the USA and receive green-card they can petition for their children.
QUOTE
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
http://travel.state.gov/visa/immigrants/ty...types_1306.html

2) I-130 dose not make allowance for this situation.

3) The V-Class visa is no longer an option.
QUOTE
Who Can Get a V Visa?

Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:
  • Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
  • Priority date is at least three years old;
  • Priority date is not current;
  • Applicant has not already had an immigrant visa interview or been scheduled for an interview;
  • Petition is not already at an embassy or consulate abroad; and
  • Applicant is otherwise eligible as an immigrant
The priority date is the date the US Citizenship and Immigration Services (USCIS) received the petition.
http://travel.state.gov/visa/immigrants/ty...s_1493.html#who

4) They can "VISIT" on a tourist visa, but there is no adjustment of status, AOS MUST BE BASED ON AN APPROVED I-130, green card holders can file a petition for the children, but the I-130 will be held until a visa number is assigned by NVC. Currently NVC is issuing visa numbers for Green-card holders from India that petitioned for their children before (December 2002)

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html
iluvfl
QUOTE(YuAndDan @ Oct 10 2007, 11:27 AM) *
1) Yes after parents enter the USA and receive green-card they can petition for their children.
QUOTE
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
http://travel.state.gov/visa/immigrants/ty...types_1306.html

2) I-130 dose not make allowance for this situation.

3) The V-Class visa is no longer an option.
QUOTE
Who Can Get a V Visa?

Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:
  • Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
  • Priority date is at least three years old;
  • Priority date is not current;
  • Applicant has not already had an immigrant visa interview or been scheduled for an interview;
  • Petition is not already at an embassy or consulate abroad; and
  • Applicant is otherwise eligible as an immigrant
The priority date is the date the US Citizenship and Immigration Services (USCIS) received the petition.
http://travel.state.gov/visa/immigrants/ty...s_1493.html#who

4) They can "VISIT" on a tourist visa, but there is no adjustment of status, AOS MUST BE BASED ON AN APPROVED I-130, green card holders can file a petition for the children, but the I-130 will be held until a visa number is assigned by NVC. Currently NVC is issuing visa numbers for Green-card holders from India that petitioned for their children before (December 2002)

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html



Great response. Thank you.

One headache is, how can we bring the children to USA once if my parents make it here? What are the avenues?
YuAndDan
QUOTE(iluvfl @ Oct 10 2007, 12:17 PM) *
Great response. Thank you.

One headache is, how can we bring the children to USA once if my parents make it here? What are the avenues?

Only avenues are that your parents petition for the children but the time for visa numbers are 5 years out, or you petition for your siblings but that is even longer since USC petitioning for siblings falls under F-4 class.
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