DIAGNOSED WITH BRAIN CA, NEED TO GO SEE HER SON IN ANOTHER COUNTRY WITH EXPIRED GC

[SusieQQQ 11,584]

 

8 hours ago, CSC_SD1017 said:

I asked about that too. 

 

My friend said the one who filed for petition is the husband ( her dad ) who is a citizen

 

 

 I’m confused. The husband is a citizen, but is he also the father of the child? Or did he file as stepfather? If she’s had a green card since the 80s and the son is now 35-40... when was this petition filed? Where was the son born, given that the 80s is probably when he was born from the age range you give, but he obviously wasn’t born in the US? Did she leave him behind as a baby but only filed for him once he was 21?!  And what country are they from, because you said petitioned when he was 21, but an active valid F3 petition for most countries would have been current for at least a couple of years already.

Edited March 17, 2019 by SusieQQQ

[CSC_SD1017 2]

28 minutes ago, SusieQQQ said:

 

 I’m confused. The husband is a citizen, but is he also the father of the child? Or did he file as stepfather? If she’s had a green card since the 80s and the son is now 35-40... when was this petition filed? Where was the son born, given that the 80s is probably when he was born from the age range you give, but he obviously wasn’t born in the US? Did she leave him behind as a baby but only filed for him once he was 21?!  And what country are they from, because you said petitioned when he was 21, but an active valid F3 petition for most countries would have been current for at least a couple of years already.

I know its confusing, so here's the summary, i just asked her

 

Mom of patient ( grandma ) was patitioned by her son, got her citizenship then petitioned her daughter ( patient ) with her husband and kids (including my friend ) and the eldest. 

 

When they got the approval, the eldest already got married and petition was denied. 

 

Fast forward: 

When the dad (patient's husband) recieved his citizenship he filed petition for his eldest son. ( my friend said they've been waiting for 23 years) and still no update. She said according to their lawyer they still need to wait 5 years???

 

Now, if thats true, can he apply for a tourist visa with pending petition?

[SusieQQQ 11,584]

1 hour ago, CSC_SD1017 said:

I know its confusing, so here's the summary, i just asked her

 

Mom of patient ( grandma ) was patitioned by her son, got her citizenship then petitioned her daughter ( patient ) with her husband and kids (including my friend ) and the eldest. 

 

When they got the approval, the eldest already got married and petition was denied. 

 

Fast forward: 

When the dad (patient's husband) recieved his citizenship he filed petition for his eldest son. ( my friend said they've been waiting for 23 years) and still no update. She said according to their lawyer they still need to wait 5 years???

 

Now, if thats true, can he apply for a tourist visa with pending petition?

You didn’t answer what country they are from, which might shed light on the 23 year wait. But the longest wait is phillipines, which is now current for June 1996 = a few months shy of 23 years, so even if they are Filipinos the case should be current or almost by now, certainly they should have had received notification to submit documents etc. (By the way the numbers totally don’t add up to what you estimate his age is, if he was petitioned over 21 years of age 23 years ago he is mid 40s at least not 35-40, but that’s not really important.)

 

all that confusion aside, it doesn’t really matter who petitioned for him when, yes he can apply for a tourist visa. Whether or not he’ll get it - we can’t say, it will depend on what ties he has to his home country.

Edited March 17, 2019 by SusieQQQ

[CSC_SD1017 2]

24 minutes ago, SusieQQQ said:

You didn’t answer what country they are from, which might shed light on the 23 year wait. But the longest wait is phillipines, which is now current for June 1996 = a few months shy of 23 years, so even if they are Filipinos the case should be current or almost by now, certainly they should have had received notification to submit documents etc. (By the way the numbers totally don’t add up to what you estimate his age is, if he was petitioned over 21 years of age 23 years ago he is mid 40s at least not 35-40, but that’s not really important.)

 

all that confusion aside, it doesn’t really matter who petitioned for him when, yes he can apply for a tourist visa. Whether or not he’ll get it - we can’t say, it will depend on what ties he has to his home country.

Sorry for the confusion, i was texting her too. About the age, i dont know thats why i only made an estimate. About the country, yes its philippines. 

 

My question is, since he still have pending petition, can he apply for a tourist visa to come here instead her mom going home? If so, how will that affect his petition status? 

[Crazy Cat 39,286]

3 hours ago, CSC_SD1017 said:

Sorry for the confusion, i was texting her too. About the age, i dont know thats why i only made an estimate. About the country, yes its philippines. 

 

My question is, since he still have pending petition, can he apply for a tourist visa to come here instead her mom going home? If so, how will that affect his petition status? 

He is free to apply.  However, I think his chances are slim.  There would be no effect on an I-130.

[SusieQQQ 11,584]

6 hours ago, CSC_SD1017 said:

Sorry for the confusion, i was texting her too. About the age, i dont know thats why i only made an estimate. About the country, yes its philippines. 

 

My question is, since he still have pending petition, can he apply for a tourist visa to come here instead her mom going home? If so, how will that affect his petition status? 

I answered that in the response you quoted... I said “yes he can apply for a tourist visa. Whether or not he’ll get it - we can’t say, it will depend on what ties he has to his home country.“

 

the confusion about the son’s age may be minor but it illustrates how difficult it is to get advice on second hand information because facts are not correct. There is something wrong with the story about the son’s petition for sure. If he has waited 23 years, he should be getting a visa round about now or at least know that he is in the final stages, not being told by a lawyer he has another 5 years to wait. Either there is another incorrect fact about how long the petition has been pending, or about another aspect of it.