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[Erwin Arrieta 0]

I am a US Citizen 23 years old and will like to petition my father, my stepmother (married my father when I was 14 years old) and my stepsister (6 years old). What would be the best course of action. They are all Venezuelan Citizen and live in Venezuela. Thank you

[HRQX 4,145]

34 minutes ago, Erwin Arrieta said:

What would be the best course of action.

File two* I-130 petitions; one for your father and another for your stepmother. I recommend online filing: https://www.uscis.gov/i-130

 

File Online

 

*An I-130 for your stepsister is optional since either your father or stepmother will file for her after he/she enters the US with the IR-5, but can still be filed as a backup; i.e. as an "insurance policy." If filed, odds are that petition won't actually be used since it takes decades for F4 category to become available.

 

• After the petitions for your father and stepmother are approved they can proceed with IR-5 visa process. After entering the US with Immigrant Visas they can apply for Reentry permits and one (or both) of them can submit petition(s) to start F2A process for your stepsister.
• A different path is for one of them to immigrate first (and subsequently do the above mentioned post-US entry steps) and the other one to wait with your stepsister. For the one that stays behind, contact should be maintained with NVC every 12 months to avoid NVC from sending back the approved I-130 to USCIS.

Edited July 15, 2021 by HRQX

[Erwin Arrieta 0]

Thank you very much for the answer. Do my parents need to apply for the IR5? Can't they wait in their country until the greencard is approved? and if so, how can my stepsister stay legally in the US while her imigration status is resolved.

She has her tourist visa which expires in 2025 but that only allows her to stay in the States 6 months. Will de F2A allow her to stay legally and travel abroad?

The second path is an option I know my father will not consider. He recently had four bypass surgery and will like to come to the states all together.  

[HRQX 4,145]

2 hours ago, Erwin Arrieta said:

need to apply for the IR5? Can't they wait in their country until the greencard is approved?

To clarify IR5 and F2A are types of Immigrant Visas. On the first trip they are admitted with the Immigrant Visas then they automatically become Lawful Permanent Residents: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs Those Immigrant Visas will be issued at a consulate abroad; so yes they'll wait for most of the IR-5 process in their country. Note that their visa interview will be in Bogota.

2 hours ago, Erwin Arrieta said:

and will like to come to the states all together.  

Note that there may be separation of 2 to 4 months. That is because your stepsister using her Tourist Visa at the same time as your father and stepmother using their IR-5 visas is very risky per INA 212(a)(7)(A)(i)(I) and INA 214(b). That is why I mentioned Reentry permits for your father and stepmother because the purpose of Reentry permits is to establish "that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance." https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf Thus they should do the following:

• Enter the US with the IR-5 visas
• At least 1 of them file I-130 petition for your stepsister
• Both of them file I-131 applications (by mail) to request Reentry permits
• Open bank account, etc. to establish their US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• Leave the US after attending the biometrics appointment. (From the link above: "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.") On the I-131 applications they can indicate that they'll pick up their Reentry permits in Bogota, if they want.

[Erwin Arrieta 0]

wow, thanks a lot, excellent info!!!

I am confuse about one item. if my petition for my father and stepmom goes through and they obtain their green card at a consulate abroad can they enter without IR-5 visa but with their green card? If so, and their green card is approved prior to my stepsister tourist visa expiration (2025) can she enter with them with her tourist visa and when in the states my parents can begin the process to petition my stepsister? if so how, I-130 but petition by them directly? Once again thank you for all your assistance. God bless you.  

 

[arken 4,197]

Just so you are no more confused on visas n GC:

your parents won't get GC abroad. They get IR-5 (immigrant) visas. Once they enter US using those visas, they get GC in the mail. Once in the US, their stamped visas act like GCs for up to a year if they want to travel before they get actual GCs in hand.

 

Entering US on a visitor visa with intent to live and adjust status in the US is illegal. 

Edited July 15, 2021 by arken

[SalishSea 17,914]

33 minutes ago, Erwin Arrieta said:

prior to my stepsister tourist visa expiration (2025) can she enter with them with her tourist visa and when in the states my parents can begin the process to petition my stepsister?

It is immigration fraud to enter the US on a tourist visa with immigrant intent.

[Erwin Arrieta 0]

got it so when and how can my 6 year old stepsister enter the US?

 

[NigeriaorBust 4,087]

Your stepsister would either be petitioned by you with a current wait time of 15 years to get residency in the US or be petitioned by one of the parents with a wait for a few years after the parents get a green card.    There is no way currently for her to come at the same time as your parents. 

[Erwin Arrieta 0]

Can my  parents petition my stepsister from outside the US? meaning that they get their green card but remain living abroad until my sister petition goes through?

[HRQX 4,145]

In short, some period of separation would most likely occur. Thus by doing the Reentry permit application process it shortens that period of separation.

24 minutes ago, Erwin Arrieta said:

meaning that they get their green card but remain living abroad until my sister petition goes through?

Yes; that is why the following should be done in that order; I.e. see "Leave US..." bullet point, etc.:

3 hours ago, HRQX said:

• Enter the US with the IR-5 visas
• At least 1 of them file I-130 petition for your stepsister
• Both of them file I-131 applications (by mail) to request Reentry permits
• Open bank account, etc. to establish their US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• Leave the US after attending the biometrics appointment. (From the link above: "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.") On the I-131 applications they can indicate that they'll pick up their Reentry permits in Bogota, if they want.

If they don't enter the US with IR-5 visas before those IR-5 visas expire then they won't be Lawful Permanent Residents. I.e. they can only submit the I-130 petition after entering the US with IR-5.

1 hour ago, Erwin Arrieta said:

got it so when and how can my 6 year old stepsister enter the US?

With the F2A visa. That process can take about 2 years and begins when the 2nd bullet point in the Quote box above is done.

[Daisy.Chain 317]

The IR-5 visa means your parents woyld have green cards issued shortly after their arrival in the US. If they are flush enough they could take turns going back to visit until they can petition your stepsister into the US.  You might look into a reentry permit if you go this route.

[retheem 566]

19 hours ago, Erwin Arrieta said:

I am a US Citizen 23 years old and will like to petition my father, my stepmother (married my father when I was 14 years old) and my stepsister (6 years old). What would be the best course of action. They are all Venezuelan Citizen and live in Venezuela. Thank you

Petition you father and step mother. That will take about year to 2 years before they get here. Once they get here, have them petition your step sister. In 5 years they will all be here. 

[Ontarkie 14,254]

~~Post removed for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. Another post removed for quoting removed post.~~

[Erwin Arrieta 0]

Thank you all for your coments, advise an information.