AOS for children in USA?

[Michael_88 6]

Hey Visa Journey!!

 

If my mom is a greencard holder are my siblings who are under 21 able adjust their statuses in the USA? I ask because my mom is currently planning to move to the states from Canada as soon as her green card is issued and would like to bring them along as they're dependents. What is the best way to go about this type of situation? Much thanks!

 

[aaron2020 11,651]

It's illegal to enter the US on a non-immigrant basis with the intent to immigrate by adjusting status.  

[Dashinka 24,441]

I agree, unless all parties are already inside the US, AOS is not an option.

[Michael_88 6]

1 hour ago, aaron2020 said:

It's illegal to enter the US on a non-immigrant basis with the intent to immigrate by adjusting status.  

I see. So what do people do in the case where they have no one in their home country to watch their kids until they can join them?🥴 If thats the case if they have to remain in Canada on average how long does it take to get green cards for children?

[Boiler 45,404]

Wait Until their children have left the nest.

 

A few years.

[Dashinka 24,441]

Another question would be how the mother maintains her LPR status while living in Canada?  Does she have a commuter GC?

[payxibka 10,045]

23 minutes ago, Dashinka said:

Another question would be how the mother maintains her LPR status while living in Canada?  Does she have a commuter GC?

What is confusing to me,  she apparently is a greencard holder but is waiting in Canada for her greencard. 

[Michael_88 6]

2 hours ago, Dashinka said:

Another question would be how the mother maintains her LPR status while living in Canada?  Does she have a commuter GC?

Sorry I worded the question incorrectly. My question was just hypothetical for I when I do plan to sponsor my mother. She isn't  a greencard holder yet but I do know the IR-5 visa process is much faster than many others. I just wanted to inquire about my siblings under  21 statuses as they're still dependents.

[Boiler 45,404]

How old are your siblings?

[SusieQQQ 11,586]

4 minutes ago, Michael_88 said:

Sorry I worded the question incorrectly. My question was just hypothetical for I when I do plan to sponsor my mother. She isn't  a greencard holder yet but I do know the IR-5 visa process is much faster than many others. I just wanted to inquire about my siblings under  21 statuses as they're still dependents.

“Much faster” is not “fast”. If you haven’t filed yet - looking at 1-2 years. Probably the longer end given the backlogs at Montreal. How old are your siblings? If they really are too young to be left alone then this maybe isn’t the right route yet. I mean, she could get a re-entry permit and stay with them and you’d be joint sponsor but then she also has to convince Montreal she’s finally ready to domicile in the US at their interview. Might be easier to wait till they’re older.

[SusieQQQ 11,586]

5 hours ago, Michael_88 said:

I see. So what do people do in the case where they have no one in their home country to watch their kids until they can join them?

Yeah they...don’t immigrate yet if it means leaving children alone. Migration is a choice and it is not always the right choice at every stage in one’s life.

[igoyougoduke 1,650]

7 hours ago, Michael_88 said:

Sorry I worded the question incorrectly. My question was just hypothetical for I when I do plan to sponsor my mother. She isn't  a greencard holder yet but I do know the IR-5 visa process is much faster than many others. I just wanted to inquire about my siblings under  21 statuses as they're still dependents.

your fastest option is once your mother becomes a green card holder she can sponsor her other children for green cards. either ways to will take 2-3 years before the siblings can land in US 

[Michael_88 6]

50 minutes ago, igoyougoduke said:

your fastest option is once your mother becomes a green card holder she can sponsor her other children for green cards. either ways to will take 2-3 years before the siblings can land in US 

Thank you for ACTUALLY answering my question. In that case I guess we adults in the family will have to alternate our time between Canada/US until they are able to join us over here.

[Michael_88 6]

8 hours ago, SusieQQQ said:

Yeah they...don’t immigrate yet if it means leaving children alone. Migration is a choice and it is not always the right choice at every stage in one’s life.

Agreed. I just figured minor children of green card holders would be able to immigrate with their qualifying parent(s) or at least would be able to do AOS in the U.S. The system is set in place like that for a reason right? So I'm not even going to waste my breath questioning or trying to challenge it.

[Boiler 45,404]

Parents are classified as immediate relatives, no wait.