Bringing mother and 2 siblings to USA

[Jahan&Veena 4]

All,

I need some advice for my situation to figure out the best course of action. I have some idea but would like to use your experience and knowledge of the process. Here's the situation:

I am a USC and would like to petition for my mom and 2 siblings. Both siblings are under 21 (17 and 19 to be precise). What is the best way to bring them all here?

From my own research, I have the following plan. Please share your thoughts and comments:

1. I should first petition for my mom. I could get her over on a visitor visa and then file her petition as soon as she arrives. It should take 4-6 months for her green card to arrive based on current processing times. This first petition (Petition #1) will be "USC sponsoring a parent (immediate relative)."

2. Once she has her GC, we should file a petition from her with me as a co-signer (she will have no income) for my two siblings. This second petition (Petition #2) will be "Permanent Resident sponsoring child(ren)." It should take another ~6 months for the petition to get approved, based on the most recent visa bulletin. During this time, my siblings will have to stay in their home country with a relative - which is the hard part.

3. Say, I get my mom AND my siblings over on a visit visa. If my siblings go out of status (which they undoubtedly will) while waiting for the petition from my mom to get approved (Petition #2, see above), will that cause a problem later?

Is that the best (and/or only) way? Any other ideas or facts I should be aware of?

Thanks,

JMW.

[Harsh_77 716]

Your first approach itself is not a valid one coz you are lieing to the officer when you apply for your moms visa, when you mom applies for tourist visa, she is agreeing she has no intention of moving perm.

In your case it seems you do have intent to move perm to US, so I would suggest you rather go thru IR process, which would keep all the legal paper work clear and clen and your mom could get her GC in 6-8 months.

[LADYDARE 28]

Your first approach itself is not a valid one coz you are lieing to the officer when you apply for your moms visa, when you mom applies for tourist visa, she is agreeing she has no intention of moving perm.

In your case it seems you do have intent to move perm to US, so I would suggest you rather go thru IR process, which would keep all the legal paper work clear and clen and your mom could get her GC in 6-8 months.

File I-130 for your mom best option

[RICARDO4EVA2 194]

All,

I need some advice for my situation to figure out the best course of action. I have some idea but would like to use your experience and knowledge of the process. Here's the situation:

I am a USC and would like to petition for my mom and 2 siblings. Both siblings are under 21 (17 and 19 to be precise). What is the best way to bring them all here?

From my own research, I have the following plan. Please share your thoughts and comments:

1. I should first petition for my mom. I could get her over on a visitor visa and then file her petition as soon as she arrives. It should take 4-6 months for her green card to arrive based on current processing times. This first petition (Petition #1) will be "USC sponsoring a parent (immediate relative)."

Visitor's visa IS not that easy to obtain. So if you apply and does get a visitor's VISA she MAY be out of status by the time the Adjustment of status series set in. ... and hey.. WOULD NOT take 4-6 months.. good thinking but not realistic..![/color]

2. Once she has her GC, we should file a petition from her with me as a co-signer (she will have no income) for my two siblings. This second petition (Petition #2) will be "Permanent Resident sponsoring child(ren)." It should take another ~6 months for the petition to get approved, based on the most recent visa bulletin. During this time, my siblings will have to stay in their home country with a relative - which is the hard part.

6 months for the process to be completed..? NO not at all.. it's more like 8-10 months. NOW the brother who is 19 just pray that he will not turn 21 at the time that your MOTHER submit a I-130 petition for him.. he MUSt be under 21 should he reaches his 21 birthday there after then she maybe able to request that he be processed as a "child"

3. Say, I get my mom AND my siblings over on a visit visa. If my siblings go out of status (which they undoubtedly will) while waiting for the petition from my mom to get approved (Petition #2, see above), will that cause a problem later?

YES it will cause a problem leter my friend.... so they are here.. you file for your mom.. she gets approved by this time they are illegal like many others... She then submit a petition for THEM which should get approved.. but the (harder) part is... they WILL NOT able to adjust their status to a LPR and WILL have to go back to their homeland. They will face a possble ban depending on howlong they overstayed... then the burnden is on your mom (the petitioner) not you.

Is that the best (and/or only) way? Any other ideas or facts I should be aware of?

The beter way would be to have your mom stay where she is you submit the necessary paperwork and then when she gets here to file for her children.

Thanks,

JMW.

Edited December 1, 2010 by RICARDO4EVA2

[RICARDO4EVA2 194]

File I-130 for your mom best option

agree

[aleful 1,905]

agree

ditto

file for your mom first.

[Jahan&Veena 4]

Thank you everyone for the quick responses. I agree after thinking about this in the light of your responses - will go ahead and submit I-130 for my mom.

Regards,

JMW.

[RICARDO4EVA2 194]

Thank you everyone for the quick responses. I agree after thinking about this in the light of your responses - will go ahead and submit I-130 for my mom.

Regards,

JMW.

Sup file the application ASAP for mom... The PROBLEM WILL be your 19 Y/O brother.... I hope that he is 6+ months away from his 20th birthday so that he may have a higher chance of getting here with the 17 y/o instead of waiting 2+ years.

[Sumit 2]

Sup file the application ASAP for mom... The PROBLEM WILL be your 19 Y/O brother.... I hope that he is 6+ months away from his 20th birthday so that he may have a higher chance of getting here with the 17 y/o instead of waiting 2+ years.

I thought that as long as they are under 21, They should be able to qualify under Children of permanent resident under 21.

I understand that if they are close to 21, it would be kind of hard. But I'm not sure why did you mention 20th b'day.

[RICARDO4EVA2 194]

I thought that as long as they are under 21, They should be able to qualify under Children of permanent resident under 21.

I understand that if they are close to 21, it would be kind of hard. But I'm not sure why did you mention 20th b'day.

The initial application would need to file prior to his 21st birthday to request the CSPA benefit once the application is forwarded to the NVC

[Sumit 2]

The initial application would need to file prior to his 21st birthday to request the CSPA benefit once the application is forwarded to the NVC

Based on DEC NVC Visa Bulletin they are processing F2A for Aug 1, 2010 for most of the region. So I'm assuming that as soon as your visa is approved, it could be approved by NVC quickly too.

[Track-Runner 0]

Based on DEC NVC Visa Bulletin they are processing F2A for Aug 1, 2010 for most of the region. So I'm assuming that as soon as your visa is approved, it could be approved by NVC quickly too.

I read the thread and sumit I dont think that is true

[Sumit 2]

I read the thread and sumit I dont think that is true

I might be wrong. But I meant to say that if under 21 children i-130 is approved by INS then NVC should not take too long to process it either since his priority date could be current.

[R.&S. 2]

Your first approach itself is not a valid one coz you are lieing to the officer when you apply for your moms visa, when you mom applies for tourist visa, she is agreeing she has no intention of moving perm.

In your case it seems you do have intent to move perm to US, so I would suggest you rather go thru IR process, which would keep all the legal paper work clear and clen and your mom could get her GC in 6-8 months.

[sweetysheila 0]

Petition for mom first is the best thing to do then mom petition for the minor children...

But I have a question, how long does it take before mom's petition is approve and after it's approve how long before she gets her green card? So, if ever she gets her greencard, does this mean she can immediately file a petition for the children?

How long before the mom's petition for the kids gets approve?As far as I know it still takes, 6-8 years (hope not!)...