GC holders coming to US for the first time without entire family

[nakhan1 0]

Hello everybody,

As always, I want to thank you all first for all the guidance I have received against my previous posts. It has saved my hundreds of dollars and a lot of time.

I am a USC (born in Pakistan) and I sponsored my brother, sister in law and their 4 children 13 years ago. Two weeks ago, they finally had their interview in Islamabad and now are awaiting to receive their passports along with GC paperwork.

After getting their GC paperwork, the family will migrate before the start of the school year in August. However, my brother and his wife would like to pay an initial visit to US to scope out a place to live, check out the schools etc. They want to do this by visiting without the children and then later migrate with the entire family in July timeframe.

Can they pay a visit to US on GC paperwork without their 4 children or do they all have to enter US at the same time?

Any help you can provide would be much much appreciated.

Thanks

Edited February 15, 2016 by nakhan1

[Kastrs 723]

Salam,

There is no problem with your plan. Your brother and his wife will have the passport visa endorsed upon their PoE, and this will function as a temporary GC for 1 year. Make sure you pay the ELIS fee for all family members so their GC will be produced ASAP after their PoE. Just make sure that their return to the US with the kids is before the expiration of the visa, which is 6 months after the date of the medical.

[newacct 688]

Note that they are not "GC holders" -- they are "immigrant visa holders". They only become permanent residents upon entering the US with their immigrant visas.

So the parents will enter the US on their immigrant visas and become permanent residents first. They then return and bring the kids. At this point, the parents are permanent residents but the kids are not. The kids will be entering on their immigrant visas (which must not be expired yet).

[netkit 0]

Note that they are not "GC holders" -- they are "immigrant visa holders". They only become permanent residents upon entering the US with their immigrant visas.

So the parents will enter the US on their immigrant visas and become permanent residents first. They then return and bring the kids. At this point, the parents are permanent residents but the kids are not. The kids will be entering on their immigrant visas (which must not be expired yet).

I think there is a question while filling DS 261 accompany or follow to join for children and spouse.

[nakhan1 0]

Thank you all for for your guidance.

I just heard that if my Brother comes here, the only way he can exit US and re-enter is if he has a Green Card. And the Green Card could take from 2 weeks to 2 months to arrive from the day he enters US.

Is this correct?

Please let me know ASAP as my brother is coming here during the last week of March, with partial family, to scope out the schools and housing. He needs to leave after two weeks and then migrate with the entire family in June.

At the time of filling out DS-261, his plan was to enter US along with the entire family. This means that if there was a choice in the DS-261 form, we likely chose "accompany" instead of "follow to join".

It would be most helpful if somebody can explain what process he needs to follow if he wants to leave US two weeks after entry and then re-enter US again in June.

Regards,

[aleful 1,905]

hi

not true, when he goes through customs, an immigration officer will take him to an office, they will review the package and stamp his passport with the temporary i551 stamp valid for 1 year upon entry

it serves to travel, work and live in the us until the physical GC arrives, which can take from 2 weeks to months

so he can return to his country and enter the US again with the stamp in his passport

[nakhan1 0]

Thank you for your response aleful.

What you are stating is that he needs to work and stay in US until his physical green card arrives. is this correct?

The problem is that he needs to go back to Pakistan two weeks after arriving here as he is winding down his house and work related obligations there. Plus, his 3 other kids will be in Pakistan while he is here. The purpose of this visit is only to scope out schools and housing. He will migrate with his entire family in June/July time frame (as stated above).

Can he legally leave US on I-551 stamp?

Once his green card arrives by mail at my home address, I will send it to him so he can re-enter US when he migrates.

Do you see any major issue with this plan?

Again, Thank you for your support and guidance.

[aleful 1,905]

hi

no, I said that the temporary stamp allows a person to live, work and travel until the physical GC is received, which can take from weeks to months. The stamp is valid for 1 year and serves as proof that the person is a legal permanent resident

did he pay for the GC? each of them have to pay $165, if not they will never get the card

he can enter the country and leave the next day if he has to, the temporary i551 stamp will allow him to enter the country

[aaron2020 11,652]

He can leave with his I-551 stamp. It's good for a year.

IMHO, it's not a good idea to mail the green card to Pakistan. Use the I-551 stamp to reenter the US.

[nakhan1 0]

Thank you so much Aleful and Aaron2020 for your guidance. This puts me a lot at ease!

Yes, I the GC fee has been paid.

Does the waiting period to receive his physical GC starts from the day the GC fee is paid?....or from the day he enters US?

[aleful 1,905]

hi

once he enters, because at customs, the paperwork will be processed and he will be given the stamp