Permanent Resisent has petitioned her adult daughter to come to US

[NigeriaorBust 4,087]

  Adult children is probably going to be one of the early kills in immigration reform , that and siblings.  Who knows what will happen to petitions already in process.   But immigration reform can move about as fast as a dead snail.

[MiraW 58]

4 hours ago, Irelandliz said:

@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!

I can see you're really hoping to have your sister near you, and I think Jupiter is a wonderful place to retire in. (My mother-in-law has a house there and as someone who's living in Boston weather I'm secretly a bit jealous now)

Here's something that you can/should tell her, it will take a long time for her adult daughter to receive a green card through her, expect 7-10 years. And during the whole process, her daughter NEED TO remain unmarried. She's a 26 year old adult, she can take care of herself, and there are many other ways for her to come to the USA. She can certainly apply for an academic program here and apply for a student (F1) visa, or she can simply come here on a tourist visa and visit a couple times a year. 

On the other hand, it's her decision. Even if she ended up giving up her green card so she could be with her daughter, that's a decision you should respect. She will still be able to visit you and even stay a few months out of a year, or you can visit her.

 

I guess what I'm trying to say here, I know you feel devastated with the situation, but ultimately you and your sister will still be able to see each other,  just maybe not live next to each other and have dinner together every night. Good luck.

 

 

[SusieQQQ 11,584]

5 hours 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 ) 

No, continuous residency except in very particular circumstances is broken with a 6-month absence. There are a lot of people who don’t realize this - you don’t lose your green card for absences between 6m and 12m but do you restart the naturalization clock to the next time you enter 

5 hours ago, geowrian said:

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.

Yup, the side bar was in case of:

3 hours ago, chuonglinh said:

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

But from what OP has said it sounds like mom would rather give up GC and stay in SA if it takes too long for daughter to join her anyway.  Which is a whole other discussion.

 

 

Edited January 18, 2018 by SusieQQQ

[SusieQQQ 11,584]

5 hours ago, Irelandliz said:

@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!

I’m a little confused, you said she’s already filed a petition but you talk about applying in future to sponsor her?

 

 

[caliliving 606]

Maybe your sister can help her daughter find a usc spouse...since that is obviously the easiest way to come to America and how 99% of this board got their foreign spouse here.