Enter US while I-130 is pending?

[saxonspirit 0]

Hi All

My stepmom (USC) married my Dad (LPR) when I was 17... she recently submitted the I-130 for myself (unmarried, 43 yrs old) and my son (19 and single).

They own their own little craft business which they are wanting my son and I to help them with. My Dad is getting on now - he's 75 and has been diagnosed with COPD. He cant keep up with his load of work which is putting extra pressure on my stepmom - thus they need the help.

My priority date is June 17, 2011 - filed at the CSC. My question is this: Is there a way that we could legally go into the States while our petition is pending so that we can start learning the ropes of the business and help them?

Also, my stepmom says she tried calling the USCIS and she says she couldnt find a way to talk to anyone personally, what is she doing wrong - she says the whole thing is automated????

Looking forward to any replies

[JimVaPhuong 4,863]

Yes, you can come and visit - 90 days if using the Visa Waiver Program, 6 months if you get a B2 visitors visa. You might have to convince the CBP officer (and the consulate, if you decide to get a visa) that you have strong ties to your home country that will compel you to return before your authorized stay expires.

You cannot work while you're in the US. Your parents could certainly show you around the business and help you learn how everything works, but they can't pay you for any work done. You need authorization to work in the US, even if you're working for your parents. Of course, they're your parents. Nothing wrong with them giving you a gift.

Your priority date will not be current for approximately 7 more years. Your son is going to age out before then. There is no other visa category for the grandson of a US citizen. You can petition for him after you become a permanent resident. Once you have a priority date for him then it will take about 8 years before his priority date becomes current. In other words, it looks like it will be about 15 years before your son will be immigrating to the US. Watch the visa bulletin because the times do shift around:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

If (heaven forbid) your mom should pass away before your priority date is current then everything changes. The petition would die with her, and it would take a lot of effort to resurrect it.

If I recall, there's a button sequence you can hit to break out of the automated system and get a real human being on the line at USCIS. I've never done it myself because it's widely accepted around here that it's a huge waste of time. Immigration law is somewhat complex, and the customer service reps are notoriously inept. The only training they have is how to operate the customer service computer system. It's not likely they'll tell you anything that you couldn't figure out yourself by checking your case status online.

What is your mom trying to find out by calling USCIS?

[saxonspirit 0]

Yes, you can come and visit - 90 days if using the Visa Waiver Program, 6 months if you get a B2 visitors visa. You might have to convince the CBP officer (and the consulate, if you decide to get a visa) that you have strong ties to your home country that will compel you to return before your authorized stay expires.

You cannot work while you're in the US. Your parents could certainly show you around the business and help you learn how everything works, but they can't pay you for any work done. You need authorization to work in the US, even if you're working for your parents. Of course, they're your parents. Nothing wrong with them giving you a gift.

Your priority date will not be current for approximately 7 more years. Your son is going to age out before then. There is no other visa category for the grandson of a US citizen. You can petition for him after you become a permanent resident. Once you have a priority date for him then it will take about 8 years before his priority date becomes current. In other words, it looks like it will be about 15 years before your son will be immigrating to the US. Watch the visa bulletin because the times do shift around:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

If (heaven forbid) your mom should pass away before your priority date is current then everything changes. The petition would die with her, and it would take a lot of effort to resurrect it.

If I recall, there's a button sequence you can hit to break out of the automated system and get a real human being on the line at USCIS. I've never done it myself because it's widely accepted around here that it's a huge waste of time. Immigration law is somewhat complex, and the customer service reps are notoriously inept. The only training they have is how to operate the customer service computer system. It's not likely they'll tell you anything that you couldn't figure out yourself by checking your case status online.

What is your mom trying to find out by calling USCIS?

Thanks for your reply, appreciate it and the info you've given - I thought that the application "froze" at the age he was when submitted. He was 19 when it was submitted so was under the impression that he wouldnt age out???? My stepmm was hoping that if she got hold of a human on USCIS line that she could ask the question I asked. I had been told that we could get into the States on the I-129 so that we could be there with them. We havent gone through an immigration attorney, but my stepmom and Dad are going to contact an attorney for some extra help.

Again, thanks for your reply.

[Jojo92122 1,924]

Thanks for your reply, appreciate it and the info you've given - I thought that the application "froze" at the age he was when submitted. He was 19 when it was submitted so was under the impression that he wouldnt age out???? My stepmm was hoping that if she got hold of a human on USCIS line that she could ask the question I asked. I had been told that we could get into the States on the I-129 so that we could be there with them. We havent gone through an immigration attorney, but my stepmom and Dad are going to contact an attorney for some extra help.

Again, thanks for your reply.

CSPA applies differently to different cases.

For Immediate Relative cases, the child's CSPA age freezes when the petition is filed.

For Family Preference cases, the child's CSPA age can only be determined when the Priority Date becomes current. The time it takes USCIS to approve the I-130 is subtracted from the child's real age.

Your case is an F1 family preference case (US citizen petitioning for an unmarried child) or an F3 family preference case (US citizen petition for a married child). The current wait is 7 years and 11 years, respectively. Your petition will likely be approved in a few years which means that the time waiting for your PD to become current will be longer than 2 years which means your son will likely age out.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

The I-129 is for a nonimmigrant worker. You will need to have a special skill. Generally, it's not a good idea to let a foreign worker come into the US for a job that could go to a US resident already here. Why help a foreign citizen before you help a US citizen or US resident. The exception to this is when a US worker cannot be found for the job or someone has special skills.

In order for an employer to bring over a nonimmigrant worker, the employer must go through process of certifying the job was advertised and no qualify person could be found. Then the employer applies for the visa on behalf of the skilled worker.

You will not qualify for a nonimmigrant worker visa unless you have a special skill and the US worker is not available. There are no exceptions for a family member to come to the US to take over a business.

If you are not skilled in the craft business, you cannot obtain a nonimmigrant visa to learn the trade. If your parents can train you, they can train a US worker.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.mycareerquizzes.com/how-to-get-a-us-work-visa

http://manila.usembassy.gov/wwwhni11.html

USCIS may give you general information on when a child age out - the same information in the above USCIS link. USCIS will not answer questions on how the immigration laws applies to you personally such as when will your son age out. For advice on how the laws affect you, you need to consult an attorney.