Filing I-131 Reentry Permit and leaving directly after

[ordjnb 39]

1 minute ago, azblk said:

Have you thought of doing staggered petitions for your parents? You said you have a brother with special needs - will he pass the medical/public charge scrutiny?

Yep, this is something I'm working towards long term - I am worried about the public charge issue down the line, because it seems USCIS is denying applications even if you meet the income thresholds. Currently, he is mentally stunted to age 12, and you won't be able to tell by looking or talking to him initially. He will just come across as awkward. One of the things my parents will be doing is making sure he will be able to hold a part time job, and live comfortably with extended family, and prepare him for when the time comes for the interview. 

 

As for staggering no, but dependent on the situation a couple years from now, one of them may give up their green card and start over if needs be. 

[aaron2020 11,651]

2 minutes ago, ordjnb said:

Right, so establish ties to the US, and in what ways can they do that without having to move here immediately? I think there is a section in the I131 where you can outline reasons why you need the document. 

 

And just for clarification for anyone else: 

 

1. I'm not asking if I should apply for my parents green card or not so post #2 from Boiler is useless

2. I never indicated that my parents don't want to settle here permanently, they do and will, but can't in the short term for the reason I laid out

3. They have to have a green card sooner than later for the reason I laid out

 

I don't need to get into my detail about my family's personal situation, but would like advice on my plan in post 1. 

You asked for thoughts and risks.  You have been given them.  You don't like some of the answers because you are set on your path.  Good luck.  Don't ask for help when you really don't want it.  You only want people to tell you that your plan is a good one and it can work.  You think it just requires working out a few kinks.  

 

[ordjnb 39]

1 minute ago, Lil bear said:

What about slowing down the NVC process once the petitions are granted and reach the NVC. Drip feed the paying of fees, completion of DS260 and the submission of documents over a 2 year period .. slowing for the other needed I130 petition to catch up. ? 

Something to consider as well ,thanks. 

 

My game plan has been to sponsor both parents, and each parents file an I-130 for my brother. I have not filed for my brother, but wondering if I should as insurance? But that's for a different topic. 

[ordjnb 39]

3 minutes ago, aaron2020 said:

You asked for thoughts and risks.  You have been given them.  You don't like some of the answers because you are set on your path.  Good luck.  Don't ask for help when you really don't want it.  You only want people to tell you that your plan is a good one and it can work.  You think it just requires working out a few kinks.  

 

I've responded to you because you sent a helpful comment and I responded "Right, so establish ties to the US, and in what ways can they do that without having to move here immediately? I think there is a section in the I131 where you can outline reasons why you need the document. "

 

The latter portion of my post wasn't directed at you, but at Boiler and Sparky11564. 

[payxibka 10,044]

2 minutes ago, ordjnb said:

Something to consider as well ,thanks. 

 

My game plan has been to sponsor both parents, and each parents file an I-130 for my brother. I have not filed for my brother, but wondering if I should as insurance? But that's for a different topic. 

Other than a sibling petition is 12 to 21 years depending on home country 

[Lil bear 3,831]

1 minute ago, ordjnb said:

Yep, this is something I'm working towards long term - I am worried about the public charge issue down the line, because it seems USCIS is denying applications even if you meet the income thresholds. Currently, he is mentally stunted to age 12, and you won't be able to tell by looking or talking to him initially. He will just come across as awkward. One of the things my parents will be doing is making sure he will be able to hold a part time job, and live comfortably with extended family, and prepare him for when the time comes for the interview. 

 

As for staggering no, but dependent on the situation a couple years from now, one of them may give up their green card and start over if needs be. 

Your parents .. and all the family ..have a tough situation and no “wins” really .. 😢. I can see why having the GC sooner rather than later would be good.. and I also see their heart to support all their family by already facing the possibility of one of the relinquishing their GC , and returning  to your brother .. in order to support him. Very very hard decisions. 

 

[ordjnb 39]

Just now, payxibka said:

Other than a sibling petition is 12 to 21 years depending on home country 

Yea, hence why the need for my parents to have green cards sooner than later, as them sponsering will be 5-8 years. 

 

I hope this sheds some light on the difficult situation my family is in. 

[ordjnb 39]

5 minutes ago, Lil bear said:

Your parents .. and all the family ..have a tough situation and no “wins” really .. 😢. I can see why having the GC sooner rather than later would be good.. and I also see their heart to support all their family by already facing the possibility of one of the relinquishing their GC , and returning  to your brother .. in order to support him. Very very hard decisions. 

 

Thank you for your sympathy! Yeah, it's been a load on my mind and will be for the next couple of years until everything gets sorted, but one thing at a time right? 

The ultimate goal is that I have to take care of my brother after my parents pass, and that mean's he has to get his papers. That's why my parents are uprooting their lives too. 

Edited July 29, 2019 by ordjnb

[Just Paul 4,591]

15 minutes ago, ordjnb said:

I have not filed for my brother, but wondering if I should as insurance?

Cheap insurance if something were to happen to your parents.

[Boiler 43,429]

We can only answer questions based on the information given, the Brother situation was not mentioned so how can anybody take that factor into account?

 

It is certainly not unusual for new residents to need to go back to settle affairs so a few months is unlikely to be questioned, you mentioned years.

 

Not sure how 2 years is that relevant when the petitioning process would be much much longer.

 

So it seems that the focus is not for your Parents to move over, the intent of this category, but for your Brother to.

 

Obviously siblings take a long time and who knows how future immigration laws will change so based on current laws my first thought would be is this an issue for your Parents to move? If they have a life expectancy longer than the sibling petition then this seems overkill. If they are older/health issues that raises another can of worms.

 

 

[nompish 86]

How about your parents come, and they file for your brother and then they alternate going to be with him until he can come here permanently? have one go for a year, come back and the other goes too? Wouldn't that take care of the "ties to the US" part? My two cents

Sincethe ultimate goal is for you to take over care for your brother when your parents are gone, why not just file for him and have them only come over once his papers are ready? They can stay with him the next 15 years or so without having to worry about re-entry permits. not so popular i know but given the circumstances it might be the most prudent path?

Edited July 29, 2019 by nompish

[geowrian 22,335]

1 hour ago, ordjnb said:

I think there is a section in the I131 where you can outline reasons why you need the document. "

You're focusing on getting the re-entry permit. They will generally issue one to any eligible LPR. But getting the document and actually protecting their LPR status are entirely different things.

[ordjnb 39]

9 minutes ago, nompish said:

How about your parents come, and they file for your brother and then they alternate going to be with him until he can come here permanently? have one go for a year, come back and the other goes too? Wouldn't that take care of the "ties to the US" part? My two cents

Sincethe ultimate goal is for you to take over care for your brother when your parents are gone, why not just file for him and have them only come over once his papers are ready? They can stay with him the next 15 years or so without having to worry about re-entry permits. not so popular i know but given the circumstances it might be the most prudent path?

Great advice on the interchanging year by year. Will definitely consider this as an option post I-131 – we did think of a version of this where one or both parents would visit, and vice versa.

As for waiting for the brother to get his I-130 approved first – yeah, have thought of that too. That is truly our last option and is on the table. Worst case scenario, and after posting this, I think sending an I-130 for him makes sense as well.

 

With the current political climate, it’s not a guarantee I will be able to sponsor my parents, let alone my sister in a couple years. Hope everyone understands the urgency on my end.

 

[ordjnb 39]

35 minutes ago, Boiler said:

We can only answer questions based on the information given, the Brother situation was not mentioned so how can anybody take that factor into account?

 

It is certainly not unusual for new residents to need to go back to settle affairs so a few months is unlikely to be questioned, you mentioned years.

 

Not sure how 2 years is that relevant when the petitioning process would be much much longer.

 

So it seems that the focus is not for your Parents to move over, the intent of this category, but for your Brother to.

 

Obviously siblings take a long time and who knows how future immigration laws will change so based on current laws my first thought would be is this an issue for your Parents to move? If they have a life expectancy longer than the sibling petition then this seems overkill. If they are older/health issues that raises another can of worms.

 

 

My brother shouldn't be a factor. I'm already honestly uncomfortable that I had to divulge this much personal information online, just so that I can get constructive feedback. 

My initial question still is still tied to filing the I-131 in the two day time frame right after getting the I-551 stamp. All other details are a moot point, with details and problems I know I have to overcome when the time comes. 

[Boiler 43,429]

I do not see any new laws on the immigration front, I can not see with the US political system any getting agreed.

 

I could see the Public Charge issue being tightened up, most western countries have much tighter requirements, and obviously the current requirements have no relationship to the likely costs of someone aged or with medical issues moving to the US.