Can I immigrate with my mom?

[F3MTL 9]

Hi everyone, we're in the F3 category and my mom (main applicant) and I (the derivative child) received our visas in hand. We're planning to officially move in October of this year. However, my dad's visa is still under Administrative Processing (he got the DS-5535 form). My dad and I were selected as "Accompanying" on NVC when we applied. Can I still enter the US with my mom? 

 

My passport shows a few annotations: Child Status Protection Act Valid Only If Acc/FTJ Father, Mother, or Spouse.

 

Does this mean I can still enter with my mom in October while my dad waits for his processing to be complete at the Montreal embassy? 

 

And what happens to my dad if his processing takes longer than 6 months? 

Edited July 2, 2022 by F3MTL

[F3MTL 9]

21 minutes ago, F3MTL said:

Hi everyone, we're in the F3 category and my mom (main applicant) and I (the derivative child) received our visas in hand. We're planning to officially move in October of this year. However, my dad's visa is still under Administrative Processing (he got the DS-5535 form). My dad and I were selected as "Accompanying" on NVC when we applied. Can I still enter the US with my mom? 

 

My passport shows a few annotations: "Child Status Protection Act Valid Only If Acc/FTJ Father, Mother, or Spouse."

 

Does this mean I can still enter with my mom in October while my dad waits for his processing to be complete at the Montreal embassy? 

 

And what happens to my dad if his processing takes longer than 6 months? 

 

[Timona 3,970]

Yes. You can enter with your mom while dad waits

[JeanneAdil 6,259]

October is 5 months away and u need to enter before epiration date of the visa -usually 6 months from date of medical exam 

so,  enter before visa expires 

[F3MTL 9]

1 hour ago, JeanneAdil said:

October is 5 months away and u need to enter before epiration date of the visa -usually 6 months from date of medical exam 

so,  enter before visa expires 

Okay sounds good. It expires in the last week of November. We'll make sure to enter before then. Thanks! 

[SusieQQQ 11,585]

You can enter either with or after your mom as she is the principal applicant, but before your visa expires.

 

Your dad’s visa will be issued when his processing is complete. If that takes longer than 6 months, he would be asked to do a new medical.

[F3MTL 9]

5 minutes ago, SusieQQQ said:

You can enter either with or after your mom as she is the principal applicant, but before your visa expires.

 

Your dad’s visa will be issued when his processing is complete. If that takes longer than 6 months, he would be asked to do a new medical.

Thank you, this makes sense. 

[nastra30 2,046]

6 hours ago, F3MTL said:

Does this mean I can still enter with my mom in October while my dad waits for his processing to be complete at the Montreal embassy?  - Yes 

 

[Demise 1,138]

20 hours ago, F3MTL said:

Hi everyone, we're in the F3 category and my mom (main applicant) and I (the derivative child) received our visas in hand. We're planning to officially move in October of this year. However, my dad's visa is still under Administrative Processing (he got the DS-5535 form). My dad and I were selected as "Accompanying" on NVC when we applied. Can I still enter the US with my mom? 

 

My passport shows a few annotations: Child Status Protection Act Valid Only If Acc/FTJ Father, Mother, or Spouse.

 

Does this mean I can still enter with my mom in October while my dad waits for his processing to be complete at the Montreal embassy? 

 

And what happens to my dad if his processing takes longer than 6 months? 

Mom's the primary, you have to enter with her or after her. When your dad immigrates, if it at all, is irrelevant here. Though similarly to you he has to enter with or after her.

 

US government is notoriously bad with not placing commas where they belong, that annotation should really read:

Child Status Protection Act, Valid Only If Acc/FTJ Father, Mother, or Spouse.

So basically, you can only immigrate if accompanying or following to join the primary (who might be a mother, father, or spouse, in this case, mother). CSPA annotation qualifies how you're over 21 but immigrating as a derivative child, basically it's an explanation how did someone over 21 get an F33 visa.

Edited July 3, 2022 by Demise

[F3MTL 9]

3 hours ago, Demise said:

Mom's the primary, you have to enter with her or after her. When your dad immigrates, if it at all, is irrelevant here. Though similarly to you he has to enter with or after her.

 

US government is notoriously bad with not placing commas where they belong, that annotation should really read:

Child Status Protection Act, Valid Only If Acc/FTJ Father, Mother, or Spouse.

So basically, you can only immigrate if accompanying or following to join the primary (who might be a mother, father, or spouse, in this case, mother). CSPA annotation qualifies how you're over 21 but immigrating as a derivative child, basically it's an explanation how did someone over 21 get an F33 visa.

Thank you for this, and yes those commas confused me. This makes a lot of sense now. 

 

If my dad is required to complete a new medical but my mom and I have already entered the US, he can enter at any time by himself, as long as it is before the visa/medical expires right? 

Edited July 3, 2022 by F3MTL

[SusieQQQ 11,585]

24 minutes ago, F3MTL said:

 

 

If my dad is required to complete a new medical but my mom and I have already entered the US, he can enter at any time by himself, as long as it is before the visa/medical expires right? 

Yes, same as you, with or after (just not before) your mom, and before visa expiry, whenever that ends up being for him.