Green card and travel question

[S and S always 0]

My uncle just came to the US a month ago after waiting 10 years (my mom who is a US citizen petitioned for him).

When my mom applied for him he was not married nor did he have any kids now he does and he is in the process of petitioning for all of them seperatly.

How long do you think it will take for my uncle to get his spouse and kids to the US? I mean has anyone been through the same situation? On the USCIS under processing times it says Vermont service center is processing I-130 (Permanent resident filling for a spouse or child under 21) from January 9, 2011 so does this mean they must wait over 1 year?

Also, how long does he have to wait to get his green card?

My uncle is thinking about going back to his home country after his green card has come and after he petitions for his spouse and kids.

Also, on the I-131 i read that a reentry permit is valid for 2 years from the date of issuance. So does this mean if he files for the reentry permit (I-130) he can go to his home country and visit his wife and kids and doesn't have to worry about coming back since his green card will not expire until 2 years? Am i understanding this correctly?

[Leatherneck 693]

I'll tackle the 2nd portion of your two part question. Your uncle should be cautious of maintaining his status. Your uncle is entitled to travel/ return home for short periods of time -- be mindful of the long stays outside of the country. Read this and this.

[kzielu 1,144]

How long do you think it will take for my uncle to get his spouse and kids to the US?

Spouse - about 3 years. Need to wait for visa number to become available. Kids - depends on their age and marital status.

My uncle is thinking about going back to his home country after his green card has come and after he petitions for his spouse and kids.

Also, on the I-131 i read that a reentry permit is valid for 2 years from the date of issuance. So does this mean if he files for the reentry permit (I-130) he can go to his home country and visit his wife and kids and doesn't have to worry about coming back since his green card will not expire until 2 years? Am i understanding this correctly?

Not quite. Petitions are to re-unite families and he has to have domicile in US - if he will be staying with his family, then there will be nothing to re-unite therefore he'll have a good chance of getting denial.

[S and S always 0]

I forgot to mention his kids are both under 21.

[Dave&Roza 748]

My uncle just came to the US a month ago after waiting 10 years (my mom who is a US citizen petitioned for him).

When my mom applied for him he was not married nor did he have any kids now he does and he is in the process of petitioning for all of them seperatly.

How long do you think it will take for my uncle to get his spouse and kids to the US? I mean has anyone been through the same situation? On the USCIS under processing times it says Vermont service center is processing I-130 (Permanent resident filling for a spouse or child under 21) from January 9, 2011 so does this mean they must wait over 1 year?

Also, how long does he have to wait to get his green card?

My uncle is thinking about going back to his home country after his green card has come and after he petitions for his spouse and kids.

Also, on the I-131 i read that a reentry permit is valid for 2 years from the date of issuance. So does this mean if he files for the reentry permit (I-130) he can go to his home country and visit his wife and kids and doesn't have to worry about coming back since his green card will not expire until 2 years? Am i understanding this correctly?

First a GC jholder is a lawful PERMENT RESIDENT of the US. That means that want to reside in the US and not just visit anymore. Typically the CBP people look at someone when they enter the US on a GC and check how long the have been outside the US. Less than 6 months within a one year period (182 days in the last 365 days) and there is not any problems. Six months to one year outside the US can be done, but your Uncle must be careful. This includes staying out for 5.5 months returning for a week or two and then returning for 5 months. The CBP people are very good at finding these people that try to scamm the system. Outside the US for One year but no more than two requires a re-entry permit AND maintaing ties to the US. That would be the hard part since his entire family is not in the US. He would need property that he pays for and expects to return to. Pay US income taxes. Since he is a LPR and not a USC the petition for a spouse and children under 21 years old will tkae a while. It would probablly be faster from him to wait the 5 years to become a USC and then petition his wife and children at that time as the petiton process would take about another year--6 years in total. I have heard that for a LPR petioning a spouse can take over 10 years. You might want to have your Uncle check on the timelines and determine what he wants to do.

Good luck,

Dave

[Dave&Roza 748]

Just checked on the priority date and it is curently at 1 Dec 2008 for F2A family menbers--spouse and children under 21 years of age. That means pewople who filed BEFORE Dec 1, 2008 are just now beginning the visa process and waiting to have the petition reviewed. So you are looking a 3.5 years plus the processing time which would be about 4 years. So it is a bit faster than waiting 5 years for USC.

Good luck,

Dave

[Harpa Timsah 13,258]

Why didn't the uncle update his petition to show that he had gotten married and had kids so they got derivative status?

[S and S always 0]

So is it too late for his spouse and children to get a green card through a derivative status?

He has not petitioned for them yet.

[Harpa Timsah 13,258]

From my understanding, he should have done that before processing his own.

[aaron2020 11,651]

So is it too late for his spouse and children to get a green card through a derivative status?

He has not petitioned for them yet.

Why the heck didn't your family inform the US Embassy to add your uncle's wife and children to his case when he went for his interview? BIG MISTAKE. His wife and children would have been able to immigrate with him as his derivatives beneficiaries.

MOVE FAST IF HE ELIGIBLE TO DO FOLLOW TO JOIN. It will be faster than him filing for his wife and children.

Contact the US Embassy/Consulate where he interviewed immediately to ask about follow-to-join procedure in Pakistan. File Form I-824 Application for Action on an Approved Application or Petition for the purpose of to request an approval notice be sent to a U.S. Consulate for derivative visas for family members.

-----------------------

Here are the instructions for follow-to-join benefits for derivative beneficiaries from the US Embassy in Manila, Philippines. I could not find similar instructions for the US Embassy in Islamabad. It should be similar, but don't expect it to be exactly like the Philippines. Call the US Embassy in Islamabad.

http://manila.usembassy.gov/follow-to-join.html

Following-to-Join

The spouse and children of a principal applicant are entitled to derive immigration benefits from their principal’s approved visa petition and may travel to the United States at a later date. Under no circumstance will the derivative spouse or child be allowed to travel to the U.S. ahead of the principal applicant.

Following-to-join applicants may derive immigration benefits only if:

1. The spouse or children were acquired before the principal applicant’s admission into the United States; and
   
2. The principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference or employment-based (E) visa categories or was issued a non-immigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children.
   
3. The principal applicant has not naturalized. Once the principal applicant becomes a U.S. citizen, a separate visa petition needs to be filed on behalf of the spouse and/or children to qualify for immigration benefits again.
   

Following-to-join derivative beneficiaries must present documentation establishing the principal applicant’s immigration status in the United States and their relationship to their principal. These include:

• A copy of the child’s birth certificate issued by the National Statistics Office;
  
• A copy of the marriage certificate issued by the National Statistics Office;
  
• A copy of the principal alien’s registration receipt card or I-551 or a copy of the principal alien’s passport pages indicating admission to the U.S. as an immigrant; and
  
• If applicable, Form I-824, Application for Action on an Approved Application or Petition.
  

To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 301-2591 or mailed to the Operations Unit, Immigrant Visa Branch, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 1000. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)' contact address and telephone number.

Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.

It is important to remember that a child is only eligible for following-to-join benefits if he or she is a child, step-child or adopted child in accordance with U.S. immigration law.

Edited March 23, 2012 by aaron2020

[aaron2020 11,651]

My uncle is thinking about going back to his home country after his green card has come and after he petitions for his spouse and kids.

Also, on the I-131 i read that a reentry permit is valid for 2 years from the date of issuance. So does this mean if he files for the reentry permit (I-130) he can go to his home country and visit his wife and kids and doesn't have to worry about coming back since his green card will not expire until 2 years? Am i understanding this correctly?

DO NOT DO THIS. A re-entry permit does not guarantee your uncle will keep his green card status. If he immediately return to Pakistan with his green card and the re-entry permit, he will still need to show he has maintain ties to the US. His continual ties to the US are very important. If he is here just to activate his green card status without establishing links to the US, the US government will determine that he has abandoned his green card status.

Your uncle should stay in the US and find a job. Using follow-to-join, his family should be here in a year.

Read these;

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

http://www.magnalawgroup.com/content/can-i-maintain-my-legal-permanent-resident-status-if-i-am-outside-us-extended-period-time

http://www.avvo.com/legal-guides/ugc/basics-for-maintaining-legal-permanent-residence-status

[S and S always 0]

If we do this I don't know which letter on the USCIS instruction sheet would be what i'm requesting for.

Also, it says on the instruction sheet it says to contact the NVC for info on how to request following to join benefits for your dependents.

It also says that

"You can not file this form if a duplicate approval notice naming a spouse or children accompanying or following to join the principal beneficiary on an approved immigrant petition"

This is what my uncle wants to do and its saying a person can not file if they want to do the follow-to-join procedure.

I'm confused!

the instruction sheet i'm talking about is the I-824

http://www.uscis.gov/files/form/i-824instr.pdf

Edited March 23, 2012 by S and S always

[aaron2020 11,651]

If your uncle never added his wife or children, then there is no approval notice with his spouse or children on it. Your uncle can use form I-824.

If your uncle never added his wife or children to his case, then there is no approval notice with his spouse or children on it. Your uncle can use form I-824.

[S and S always 0]

I will do this ASAP as well as double check with a lawyer in my area.

Thanks guys!