Permanent Resisent has petitioned her adult daughter to come to US

[Irelandliz 0]

2 hours ago, NuestraUnion said:

The INS agent was wrong. It will take the daughter closer to 10 years before she will get her green card. Maybe the agent thought she was an under 21 minor child (shrugs shoulders).

 

This is one of those good news/bad news situation. The good news is that you discovered you CAN petition for your adult dayghter. The bad news is that it will take a long time.

 

Best of luck to you!

My niece was sitting beside my sister in the Royal Palm Beach office when the agent asked her her age and then told her that if she applied she would get her green card in 12 to 18 months.  In hindsight we could have checked with a lawyer but you assume that they know what they are talking about. 

 

Thank you you for your kind wishes. 

[Irelandliz 0]

10 hours ago, Boiler said:

She has a time machine?

And this is helpful, why!!  

 

My sister has sold her house, resigned from her job has sold all her household stuff and had hoped that her daughter’s green card would arrive in time so that they could leave their live in South Africa together to make a new one here.  This news although not new to you is new to us.  And it is devastating.  

[Irelandliz 0]

10 hours ago, aleful said:

that makes 2 of us

 

how can she have filed for a petition for her daughter if she hasn't been living in the US?

 

she will be immigrating now and she filed for her daughter 2 years ago?

 

something's not right, it doesn't add up

 

 

I’m not telling a fairy story...  my sister has been back and forward to the US several times using her green card for entry without an issue.  My niece while here last year learnt, from an agent at the USCIS office, that her mom can petition for her to also get a green card.  She filled in the paperwork, paid the fee and mailed it in December 2016.

 

49 minutes ago, geowrian said:

INS agent? You're making me feel old! The INS stopped existing in the early 2000s.

 

[Irelandliz 0]

My apologies.  USCIS agent.

[Boiler 43,397]

5 minutes ago, Irelandliz said:

And this is helpful, why!!  

 

My sister has sold her house, resigned from her job has sold all her household stuff and had hoped that her daughter’s green card would arrive in time so that they could leave their live in South Africa together to make a new one here.  This news although not new to you is new to us.  And it is devastating.  

Always difficult with third hand information, just a few points that come to mind:

 

• You said she would be emigrating in 2018, not that she had 2 years ago.
• Unclear if she has even retained her PR status.
• US is an odd place to retire to unless you are extremely wealthy.
• Would have only take a quick google to check processing times in total
• Even now she has left it to you
• She also needs to sponsor her daughter and seemingly income is only Pensions, which may be enough, but maybe not.
• You have no right to rely on anything a US official tells you, Supreme Court said so.

[milimelo 4,167]

Unless DV lottery gets removed, niece can enter it in October. 

 

[SusieQQQ 11,584]

13 minutes ago, Boiler said:

Always difficult with third hand information, just a few points that come to mind:

 

• You said she would be emigrating in 2018, not that she had 2 years ago.
• Unclear if she has even retained her PR status.
• US is an odd place to retire to unless you are extremely wealthy.
• Would have only take a quick google to check processing times in total
• Even now she has left it to you
• She also needs to sponsor her daughter and seemingly income is only Pensions, which may be enough, but maybe not.
• You have no right to rely on anything a US official tells you, Supreme Court said so.

Make no bones about it, some South Africans are very wealthy and can (and have) retired in comfort in the US. It’s not common though.

 

but yes OP, if you go back and re-read your post from the perspective of someone who doesn’t know the history, you can see why it is confusing. It is a pity the agent your sister spoke to didn’t even seem to mention checking the visa bulletin, as you would have seen immediately on doing that how long the process would take.

17 minutes ago, Irelandliz said:

I’m not telling a fairy story...  my sister has been back and forward to the US several times using her green card for entry without an issue.  My niece while here last year learnt, from an agent at the USCIS office, that her mom can petition for her to also get a green card.  She filled in the paperwork, paid the fee and mailed it in December 2016.

 

 

(I presume you mean in 2016, not last year, if she filed in 2016)

I’m kind of surprised your sister hasn’t got any questions at all on her back-and-forth using her green card. She shouldn’t be surprised if she gets some next time. By the way, has she stayed out of the US for longer than 6 months at any point?

Edited January 18, 2018 by SusieQQQ

[Irelandliz 0]

10 minutes ago, Boiler said:

Always difficult with third hand information, just a few points that come to mind:

 

• You said she would be emigrating in 2018, not that she had 2 years ago.
• Unclear if she has even retained her PR status.
• US is an odd place to retire to unless you are extremely wealthy.
• Would have only take a quick google to check processing times in total
• Even now she has left it to you
• She also needs to sponsor her daughter and seemingly income is only Pensions, which may be enough, but maybe not.
• You have no right to rely on anything a US official tells you, Supreme Court said so.

I was referring to your time machine comment!

 

she got her green card a few years ago and still has her PR status.  She visited in November 2017 with no issue.  She is retiring here to be near me and my husband and although not extremely wealthy, she is comfortable and plans to work here.  She has not left anything to me - I want her here and am trying to find out as much info as I can.  And thank you for telling me what the Supreme Court says - I will remember that for the future.

[Irelandliz 0]

Yes 2016 sorry.  When the guard asked her she told them she was finalizing things in South Africa and would be back for good in April 2018.  And I’m not exactly sure if she has been out longer than six months.

 

Thank you so much for your advice...

[SusieQQQ 11,584]

4 minutes ago, Irelandliz said:

Yes 2016 sorry.  When the guard asked her she told them she was finalizing things in South Africa and would be back for good in April 2018.  And I’m not exactly sure if she has been out longer than six months.

 

Thank you so much for your advice...

Ok, asked because if she’s stayed out longer than 6 months it will reset when her 5-year clock starts for naturalization. 

[NigeriaorBust 4,087]

2 minutes ago, SusieQQQ said:

Ok, asked because if she’s stayed out longer than 6 months it will reset when her 5-year clock starts for naturalization. 

  Doesn't the reset start at a year ,  6 months is a subtraction of time not a reset  ??   ( or have they changed those rules ) 

[geowrian 22,335]

3 minutes ago, NigeriaorBust said:

  Doesn't the reset start at a year ,  6 months is a subtraction of time not a reset  ??   ( or have they changed those rules ) 

It would be a presumed break in continuous residency.

That said, it sounds like she has not been living in the US so even if the trips were all just short of 6 months, the officer could determine continuous residency was broken anyway. Either way, this is just a side bar in case the petitioner applies for naturalization.

Edited January 18, 2018 by geowrian

[Irelandliz 0]

@SusieQQQ yes you’re so right if the agent had just told her that about looking at the visa bulletin it would have made everything more clear and certainly no big decisions would have been made.  ( I only heard about the bulletin last week when i went on the site to see if i could check on the progress of her application.  Now I hope to still persuade my sister to make the move here this year and then once settled perhaps she can apply to sponsor her daughter.  Otherwise she will give up her green card and stay in South Africa!

[kris&me 572]

And this is all going to happen unless chain immigraiton is stopped

[chuonglinh 5]

The main point is the daughter needs to remain unmarried for the entire time while processing the paper work.