Jump to content

6 posts in this topic

Recommended Posts

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

Share this post


Link to post
Share on other sites
57 minutes ago, rangofsky said:

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

On an F1 student visa?

Share this post


Link to post
Share on other sites
2 hours ago, rangofsky said:

The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval.

What is the child's actual age and CSPA age? https://www.uscis.gov/greencard/child-status-protection-act "CSPA for Family and Employment Preference and Diversity Visa Immigrants"

And when did the priority date become current?

Edited by HRQX

Share this post


Link to post
Share on other sites
2 hours ago, rangofsky said:

My brother and his wife and their child are approved for immigrant visa. The child is already in USA on F1 visa and he is going to apply for green card after his dad's immigrant visa processed and green card approval. On form DS-260 for my brother, how to respond to following questions "Is this child immigrating to the usa with you?" and "Is this child immigrating to the USA at a later date to join you?" I am assuming No is the answer for both questions since he is planning to apply later within USA.
 

Immigrating at a later date, assuming he is a derivative and will be adjusting status. He is currently on a non immigrant status ... it’s only no if they in turn need to petition him once they arrive. It’s not clear from your post which the path is. 

Share this post


Link to post
Share on other sites

Thanks Susie!!  you are correct. Child is a derivative will be adjusting status in USA. So the answer to the first question "Is this child immigrating to the usa with you?"  is NO and The answer to 2ed question  "Is this child immigrating to the USA at a later date to join you?" has to be Yes in order for child to adjust status later. Correct?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...