Parents of a U.S. Citizens

[uscis1 1]

Daughter is a U.S. Citizen. Mother has a non-immigrant/visit visa with multiple entries. She came to visit us for 15 days and has left the country.

What are the options she could apply for her husband and kids who are 1). under the age of 21, 2) three over the age of 21.

Should she make another entry?, and apply to adjust her status, file I-130 and I-845, should she also file I-824 after her application has been approved?

Can she apply so that the husbands case is expedited and that they don't miss the daughter who is under the age of 21?

what do you suggest?

[Darnell 8,480]

daughter, petitioner, uscitizen.

do note that LPR rules (which I think yer hoping will apply) are not the same for USCitizen petitioners.

[belinda63 3,055]

Entering the US with a non-immigrant visa with the intent to immigrate is fraud. That said this is the proper way to do it.

Daughter files for immigrant visa for mom. This will take about one year before mom comes to the US and becomes and LPR.

Mom files for husband and under 21 children (as derivatives). This will take about 2 years after she becomes an LPR.

Mom also files for children over 21 who are not married. The children cannot be married nor can they marry while the petition is pending. If they marry the petition becomes void and they go back to point zero. Current wait time is about 7 years.

If mom or dad become USC the wait time may shorten and the over 21 children can marry AFTER she receives her certificate of naturalization.

So mom first (one year) dad next (petitioned by mom so children under 21 can come) about three years total.

Over 21 unmarried children about eight years.

[Ian H. 207]

I agree with the above, this is the best and fastest way. Also, the mom doesn't have to wait for her to receive the physical GC, as soon as she enters the US with her immigrant visa she can file the petitions.

Also, I assume that her husband isn't your friend's dad, therefore did he marry mom before daughter turned 18? If so, she would be able to petition him as her stepfather and could come at the same time as her mom.

[uscis1 1]

Thanks for your responses.

If she files form I-130 for the dad, can her mom also get visa on that same form or should she file I-130 for the mom indivudually?

[Darnell 8,480]

since petitioner is USCitizen,

must file separate I-130 for each human.

LPR rules are different.

[belinda63 3,055]

Just remember the children cannot come with the parents. The parent's must petition them or you petition them (12 plus years for a sibling visa).

[uscis1 1]

What about the child who's only 14 years old? Does that person also have to wait years?

[NigeriaorBust 4,088]

The child as a sibling is the same over a decade. The child as a minor petition by LRP parent about 2 years currently after the LPR parent petitions

[Ian H. 207]

Fastest way for child is to petition mom and dad, then when they are LPR's one can petition for the child. It would take about 2 to 3 years until visa issued.

The sibling route don't bother since it's way too long and the parent petitioning is much faster. If the child cannot stay with someone, you would have to petition one parent and then they would petition spouse and child all in one petition.

You would actually save $420 this route, but this would depend on whether the child can stay with someone, 14 is too young to leave alone.

[belinda63 3,055]

When you, as a USC, petition an immediate relative (spouse, parent, child) you are petitioning for that one person only. So a petition is needed for mom and a separate petition is needed for dad. No one else can come on the petition except the one person listed. On LPR and non-immediate family of USC petitions there are what are called derivatives. That means is an LPR petitions for her spouse the petition also includes all children under 21.

This is why it is better to bring mom to the US and have her file for her spouse as an LPR since the petition would include all children under 21. If the child is close to 21 at the time of filing they may or may not be included when the time for the interview happens (it gets complicated). This way someone would be in Pakistan to care for the children while waiting for the visa.

If you as a USC file for both mom and dad (two petitions) the under 21 children cannot come. They would have to wait for the parent to enter the US then the parent would have to file and it would be about a two year wait. This way the children would have no parent in Pakistan and would have to have someone care for them for the about two year period.

Another thought is to have the parents immigrate to the US and then take turns going back to Pakistan to care for the children. It becomes risky here as they don't want to stay out of the US for too long or they risk losing their green card. They could apply for permission to remain outside the US for up to two years but it takes time to receive this.

So there are several options but basically the earliest the under 21 children could make it to the US is about three years and for the over 21 children who are unmarried about 8 years.

[uscis1 1]

Thank you guyz!!!!! Thanks a lot for making it clear.