Petition for parents

[Kristinka1604 0]

Hello!!!

I need some help here, please =)

I got my citizenship through marriage with US citizen, just got divorced with my husband. So right now I'm a citizen but I only live in US for 4 years. I really need to bring my parents here but I heard that you need to be a permanent resident for at least 5 years to bring your parents to states. Does anyone know if it's true or am I good to go?

Thank you!!!

[Nne & Vic 2]

the law states you have to be a US citizen to petition for parents, you dont need to stay in US for 5yrs to petiton.

the 5yrs rule might apply to a green card holder, which the person is eligible to file for US citizeship before petitioning for parents..

check this website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

[Penguin_ie 5,986]

It is sort of true, because you need to be a US citizen to petition, and for that you need to be a greencard holder for 5 years, unless married to a USC.

[JimVaPhuong 4,863]

The five year rule applies if you're petitioning for a spouse. It doesn't apply if you're petitioning for a parent.

[Kristinka1604 0]

Thank you guys very much!!!

[TiklingGuy 211]

The five year rule applies if you're petitioning for a spouse. It doesn't apply if you're petitioning for a parent.

If she is a citizen then she can file for them immediately right? Or does she have to be a citizen for a certain amount of time?

[aaron2020 11,651]

If she is a citizen then she can file for them immediately right? Or does she have to be a citizen for a certain amount of time?

The OP can file for her parents at any time after upon obtaining her US citizenship. There is no wait time.

[TiklingGuy 211]

The OP can file for her parents at any time after upon obtaining her US citizenship. There is no wait time.

Cool thanks!

[JimVaPhuong 4,863]

If she is a citizen then she can file for them immediately right? Or does she have to be a citizen for a certain amount of time?

Yes, she can petition for her parents the day she takes the oath of citizenship, or anytime thereafter.

The five year rule which I was referring to has to do with anyone who immigrated through marriage to a US citizen or LPR, and wishes to petition for a spouse. A person in this situation would presumably have divorced the US citizen or LPR who helped them immigrate or else they wouldn't be petitioning for a spouse.

Here's a scenario to help explain this...

John, a US citizen, goes to Russia and marries beautiful Svetlana. He files an immigrant visa petition for her. 8 months later she enter the US with her CR1 visa. Two years later they jointly file to remove conditions on her green card. A year beyond that she applies and is approved for US citizenship. Svetlana now dumps John like a hot potato, returns to Russia, and remarries her EX-husband, whom she only divorced so she would be available to marry John and get a spousal visa. Svetlana returns to the US and files a petition for her husband/ex-husband/now-husband-again.

The above scenario cannot happen, at least not as I've described it, because of the five year rule. Svetlana originally immigrated through marriage to a US citizen, so she cannot petition for a spouse until five years after she originally immigrated to the US. Svetlana will have to wait two more years before she'll be eligible to petition for her Russian husband.

In my opinion, they ought to increase the term to ten years...

Edit: Geez! I just noticed the OP is from Russia. Nothing personal intended. Honest!

Edited January 13, 2012 by JimVaPhuong

[TiklingGuy 211]

Yes, she can petition for her parents the day she takes the oath of citizenship, or anytime thereafter.

The five year rule which I was referring to has to do with anyone who immigrated through marriage to a US citizen or LPR, and wishes to petition for a spouse. A person in this situation would presumably have divorced the US citizen or LPR who helped them immigrate or else they wouldn't be petitioning for a spouse.

Here's a scenario to help explain this...

John, a US citizen, goes to Russia and marries beautiful Svetlana. He files an immigrant visa petition for her. 8 months later she enter the US with her CR1 visa. Two years later they jointly file to remove conditions on her green card. A year beyond that she applies and is approved for US citizenship. Svetlana now dumps John like a hot potato, returns to Russia, and remarries her EX-husband, whom she only divorced so she would be available to marry John and get a spousal visa. Svetlana returns to the US and files a petition for her husband/ex-husband/now-husband-again.

The above scenario cannot happen, at least not as I've described it, because of the five year rule. Svetlana originally immigrated through marriage to a US citizen, so she cannot petition for a spouse until five years after she originally immigrated to the US. Svetlana will have to wait two more years before she'll be eligible to petition for her Russian husband.

In my opinion, they ought to increase the term to ten years...

Edit: Geez! I just noticed the OP is from Russia. Nothing personal intended. Honest!

Ok, I figured that if she was a US citizen then she would be able to file whatever petition she wanted. I didn't know that she would have to wait 2 extra years to petition for a spouse. Thats good to know! Thanks Jim

Edited January 13, 2012 by Dex22

[Brother Hesekiel 2,235]

I didn't even know that one can get U.S. citizenship through marriage to a U.S. citizen.

But Jim, I would also limit any U.S. citizen to one petition every 5 years. That would bring an end to cases where Svetlana not only petitions for her husband, but also for her two daughters, and her son, and her two parents, and her brother, who then petition for several people themselves 3/5 years later.

[Kristinka1604 0]

That's so funny, Jim just realized that I'm Russian))) what a racist Thank you anyways, you helped a lot!!!

[JimVaPhuong 4,863]

Ok, I figured that if she was a US citizen then she would be able to file whatever petition she wanted. I didn't know that she would have to wait 2 extra years to petition for a spouse. Thats good to know! Thanks Jim

She would also have to wait for the full five years if she DIDN'T become a US citizen, and wanted to petition for a spouse while she was still an LPR. They do this for the same reason they have conditional permanent resident status - to reduce immigration fraud through marriage.

But Jim, I would also limit any U.S. citizen to one petition every 5 years. That would bring an end to cases where Svetlana not only petitions for her husband, but also for her two daughters, and her son, and her two parents, and her brother, who then petition for several people themselves 3/5 years later.

Congress built a method into the system that accomplishes the same thing. They set an annual cap on the number of family preference visas in each category. There's no reason she should be forced to wait to bring her minor unmarried children to the US, but it's reasonable to require a little wait for adult or married sons or daughters and siblings. She may not have to wait five years to submit a petition, but she'll have to wait for their priority dates to become current. That does a reasonable job of holding back the flood gates.

[benuk 18]

She would also have to wait for the full five years if she DIDN'T become a US citizen, and wanted to petition for a spouse while she was still an LPR. They do this for the same reason they have conditional permanent resident status - to reduce immigration fraud through marriage.

Congress built a method into the system that accomplishes the same thing. They set an annual cap on the number of family preference visas in each category. There's no reason she should be forced to wait to bring her minor unmarried children to the US, but it's reasonable to require a little wait for adult or married sons or daughters and siblings. She may not have to wait five years to submit a petition, but she'll have to wait for their priority dates to become current. That does a reasonable job of holding back the flood gates.

So if you become a LPR today you can't apply for your spouse tomorrow?? you need to wait 5 years at least for that or I got the wrong idea!

[JimVaPhuong 4,863]

So if you become a LPR today you can't apply for your spouse tomorrow?? you need to wait 5 years at least for that or I got the wrong idea!

If you become an LPR today through marriage to a US citizen or LPR then you would have to wait five years before you could petition for a spouse. If you become an LPR today based on some eligibility other than marriage to a US citizen or LPR, then you DON'T have to wait five years. The intention here is to prevent someone from getting a green card through marriage, immediately dumping their spouse, marrying a foreigner, and submitting a petition for them.