US citizen brining my parents who are Canadian citizens

[js0622 4]

Hi everyone, 

I have several questions about bringing my parents from Canada to US. And doing it the right way. I understand there is a choice of doing it while they are in Canada or doing it from US, hopefully someone can help me with clarifying somethings. 

1. If I would like to petition for them after they enter the US, can they go through the boarder normally (Canadians don't needs a visa) or would that be illigal? If so what's the best way to do it? Would it affect their adnace parole later to leave if needed? 

2. I also have a minor sibling brother. If they do the process from Canada can he enter the US with them once they get their visa? What the best way to go? 

If you know any info or have been through this, specifically Canadian  because sometimes it's easier. please comments below!! Thank youu

[Khallaf 649]

6 minutes ago, js0622 said:

Hi everyone, 

I have several questions about bringing my parents from Canada to US. And doing it the right way. I understand there is a choice of doing it while they are in Canada or doing it from US, hopefully someone can help me with clarifying somethings. 

1. If I would like to petition for them after they enter the US, can they go through the boarder normally (Canadians don't needs a visa) or would that be illigal? If so what's the best way to do it? Would it affect their adnace parole later to leave if needed? 

2. I also have a minor sibling brother. If they do the process from Canada can he enter the US with them once they get their visa? What the best way to go? 

If you know any info or have been through this, specifically Canadian  because sometimes it's easier. please comments below!! Thank youu

1. Your parents can not enter into the US with the intent to adjust status from USA that is illegal and no one here is going to advise you do that.

 

you can petition for your parents to come over while living in Canada there is a petition for each parent.

 

from my understanding you can petition for your brother or sister, it can takes years depending on when a visa is available for them, the brother can't come in with parents he will need to have someone petition for him.

 

Once the parents are here and are permanent residence they can submit a petition for your brother, and once a visa is available he would be able to come over, as long as he is unmarried and under the age of 21.

Edited November 20, 2018 by Khallaf

[js0622 4]

5 minutes ago, Khallaf said:

1. Your parents can not enter into the US with the intent to adjust status from USA that is illegal and no one here is going to advise you do that.

 

you can petition for your parents to come over while living in Canada there is a petition for each parent.

 

from my understanding you can petition for your brother or sister, it can takes years depending on when a visa is available for them, the brother can't come in with parents he will need to have someone petition for him.

 

Once the parents are here and are permanent residence they can submit a petition for your brother, and once a visa is available he would be able to come over, as long as he is unmarried and under the age of 21.

Thank you for the information! I appreciate it. I did marry a US citizen, in Toronto Canada and entered the US normally with out any visa afterwards, then adjusted status with out any problems, got my green card, that's why I was asking if my parents Or my minor brother could do the same

[Khallaf 649]

3 minutes ago, js0622 said:

Thank you for the information! I appreciate it. I did marry a US citizen, in Toronto Canada and entered the US normally with out any visa afterwards, then adjusted status with out any problems, got my green card, that's why I was asking if my parents Or my minor brother could do the same

okay, however it is still illegal to come into the USA with the intent to stay and adjust status.

[NikLR 13,220]

8 minutes ago, js0622 said:

Thank you for the information! I appreciate it. I did marry a US citizen, in Toronto Canada and entered the US normally with out any visa afterwards, then adjusted status with out any problems, got my green card, that's why I was asking if my parents Or my minor brother could do the same

Depends if you intended to do it or not.  While Canada allows for intent to immigrate the USA does not.  So being 100% truthful with the CBP officer would get you denied entry. Lying to them is illegal.  

 

To be honest it may be best for you to sponsor one parent and then have that parent sponsor the other and your sibling.  It will take longer but then the sibling can be a derivative of the other parent's petition and it takes about 2 years.  This way your sibling isnt left in Canada by himself. 

[kzielu 1,147]

25 minutes ago, js0622 said:

Hi everyone, 

I have several questions about bringing my parents from Canada to US. And doing it the right way. I understand there is a choice of doing it while they are in Canada or doing it from US, hopefully someone can help me with clarifying somethings. 

1. If I would like to petition for them after they enter the US, can they go through the boarder normally (Canadians don't needs a visa) or would that be illigal? If so what's the best way to do it? Would it affect their adnace parole later to leave if needed? 

2. I also have a minor sibling brother. If they do the process from Canada can he enter the US with them once they get their visa? What the best way to go? 

If you know any info or have been through this, specifically Canadian  because sometimes it's easier. please comments below!! Thank youu

First question - are you a citizen ? 

If not, you can't sponsor your parents until you are.

 

Once you are a citizen, you file for your parents visas, they can't come with the intent of adjusting the status. Minor brother has much much longer wait if you petition for him, much shorter if your parents sponsor him after they immigrate but still few years.

[js0622 4]

4 minutes ago, NikLR said:

Depends if you intended to do it or not.  While Canada allows for intent to immigrate the USA does not.  So being 100% truthful with the CBP officer would get you denied entry. Lying to them is illegal.  

 

To be honest it may be best for you to sponsor one parent and then have that parent sponsor the other and your sibling.  It will take longer but then the sibling can be a derivative of the other parent's petition and it takes about 2 years.  This way your sibling isnt left in Canada by himself. 

Thanks for the info! My question is, say my parents go through the process while they are in Canada and get approved. When they enter the US, can't my brother enter with them for just the time that it takes to petition him too? Just under the visa waiver program as a Canadian? 

3 minutes ago, kzielu said:

First question - are you a citizen ? 

If not, you can't sponsor your parents until you are.

 

Once you are a citizen, you file for your parents visas, they can't come with the intent of adjusting the status. Minor brother has much much longer wait if you petition for him, much shorter if your parents sponsor him after they immigrate but still few years.

Thanks! Yes I am US citizen 

[SusieQQQ 11,584]

27 minutes ago, js0622 said:

Thank you for the information! I appreciate it. I did marry a US citizen, in Toronto Canada and entered the US normally with out any visa afterwards, then adjusted status with out any problems, got my green card, that's why I was asking if my parents Or my minor brother could do the same

Definitely not your brother. He will not be an immediate relative of a citizen (as per uscis definition) during the immigration process so he will have to wait for a priority date. He cannot do this from inside the US as he won’t be able to remain in status all the time while waiting for his priority date. He won’t be able to adjust status if he doesn’t have a legal status to adjust from, and he will overstay by a matter of years - incurring a ban on entry - if you try to do it this way.  Also,  I assume being minor your parents will want to remain living with him in Canada as long as possible. So it also makes sense to do this they proper way, have them stay in Canada and await their immigrant visa. Once they are LPRs they can apply for him as child of LPR, which depending how old he is at that stage will likely take 2-7 years. NikLR’s suggestion of staggering the parent visas makes a lot of sense if he is too young to be left by himself.

Edited November 20, 2018 by SusieQQQ

[js0622 4]

14 minutes ago, SusieQQQ said:

Definitely not your brother. He will not be an immediate relative of a citizen (as per uscis definition) during the immigration process so he will have to wait for a priority date. He cannot do this from inside the US as he won’t be able to remain in status all the time while waiting for his priority date. He won’t be able to adjust status if he doesn’t have a legal status to adjust from, and he will overstay by a matter of years - incurring a ban on entry - if you try to do it this way.  Also,  I assume being minor your parents will want to remain living with him in Canada as long as possible. So it also makes sense to do this they proper way, have them stay in Canada and await their immigrant visa. Once they are LPRs they can apply for him as child of LPR, which depending how old he is at that stage will likely take 2-7 years. NikLR’s suggestion of staggering the parent visas makes a lot of sense if he is too young to be left by himself.

Thanks! But why would my parents have to leave my little brother for a a long time once they get approved for the green card? If they apply and do the interview in Canada, they would just have to enter the USA to receive the cards correct? Then nothing is holding them back from driving back to Canada and staying with my bro while they are sponsoring him. Or my brother entering the USA as a Canadian in the visa waiver program he is allowed to stay in the USA for 6 months out of a year anyway. 

[NikLR 13,220]

10 minutes ago, js0622 said:

Thanks! But why would my parents have to leave my little brother for a a long time once they get approved for the green card? If they apply and do the interview in Canada, they would just have to enter the USA to receive the cards correct? Then nothing is holding them back from driving back to Canada and staying with my bro while they are sponsoring him. Or my brother entering the USA as a Canadian in the visa waiver program he is allowed to stay in the USA for 6 months out of a year anyway. 

Well thry need to spend more time in the USA than out.  Entry is not guaranteed by anyone but USC.  If your parents attempted to enter with your brother, he could be denied entry for immigant intent.  

Thats why i suggested you petition ONE parent who can then petition the other two people so your brother isn't alone and your parents dont risk losing their status. 

[belinda63 2,981]

You are really trying your best to circumvent immigration law. It will take several years for your brother to obtain a visa after your parents apply for him. He is only allowed to remain in the US for up to 6 months a year and less if CBP decides he is living here. Who will take care of him the remainder of the time while he is in Canada? Your parents could theoretically swap out time and stay in Canada with him but as LPRs they must spend the majority of their time in the US.

To enter the US with immigrant intent without the proper visa is illegal. Simply have your parents state when they cross the border that they are moving to the US and see how well that works. 

[NikLR 13,220]

As a note as well, once your parents activate their green cards thry are no longer Canadian residents and cannot use healthcare in Canada.  You cant even fill prescriptions from either direction. 

[aaron2020 11,651]

23 minutes ago, js0622 said:

Thanks! But why would my parents have to leave my little brother for a a long time once they get approved for the green card? If they apply and do the interview in Canada, they would just have to enter the USA to receive the cards correct? Then nothing is holding them back from driving back to Canada and staying with my bro while they are sponsoring him. Or my brother entering the USA as a Canadian in the visa waiver program he is allowed to stay in the USA for 6 months out of a year anyway. 

Why?  Because it's the law.  There is no way for your brother to immigrate at the same time when you petition your parents.  

 

While there is nothing holding them back from driving back to Canada, they would abandoned their AOS if they leave without AP or a green card.  Even with a green card, they could lose that status by living in Canada.

Your brother can not live in the US for 6 months out of the year.  He is allowed to visit.

 

You need to do some serious research.  Everything you want to do is ILLEGAL.  

It will take 2-3 years for an LPR parent to petition for a minor child.  That's the system.  There's no way around this.  How are you planning on dealing with your brother's education?

This is the legal way to do what you want.

1.  Petition for 1 parent.  After 1 year, that parent comes to the US on an immigrant visa.

2.  The LPR parent then files for his/her spouse and his/her child.  That takes 2-3 years.

 

Visiting is okay during the immigration process.  Living in the US is not an option.

 

Best of luck.

 

Edited November 20, 2018 by aaron2020

[aaron2020 11,651]

45 minutes ago, js0622 said:

Thanks for the info! My question is, say my parents go through the process while they are in Canada and get approved. When they enter the US, can't my brother enter with them for just the time that it takes to petition him too? Just under the visa waiver program as a Canadian? 

Thanks! Yes I am US citizen 

It would take 2-3 years for an LPR parent to petition for your brother.  There is no way for him to remain legal for that long.  What about school? 

[Boiler 43,434]

Wait until your Brother is old enough to look after  himself and then sponsor your Parents.