Jorolove

6 minutes ago, Boiler said:

Uwe and Hannalore are homeschooling their three youngest children, including two who were born in the United States, while two of their adult children are married American citizens. 

 

https://nypost.com/2023/09/30/german-family-who-sought-asylum-in-us-for-homeschooling-faces-deportation/

 

As soon as one of their eldest Daughters naturalises she can file an I 130 and off they go.

Thanks

1 minute ago, manyfudge said:

@Jorolove, pop out 1 or 2 anchor babies.  That is a shorter wait for them.  21 years.

 

They need to file for asylum ASAP.

 

The ones who are screwed are their children.  Both of them need to marry an American. 

Funny 🤣😂 but true. The little ones are screwed 🤣😂

3 minutes ago, Boiler said:

You petition your Sister, let us say a visa becomes available in 2055.

 

HP is good for 2 years, will there be a renewal opportunity, who knows.

 

There is TPS but as the name says that is supposed to be Temporary 

https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti

 

Obviously your petition is a back stop and if they are still here is 2055 whenever and in status they could file to adjust.

When can they file for adjust status? In 2055? I thought they cannot file for adjust status until a visa is available for them, that is to say until 2040 may be.

1 hour ago, appleblossom said:

 

Your sister needs to be aware that there's a good chance her children will 'age out' before they get visas, certainly the older one at least. 

 

What was the UK reference about if they're not there? 

They are already in the US. Wanted to know if they have to return to their home country while waiting for their visa at nvc to become available. Their country is very dangerous, people are dying cause of insecurity and wars 

21 minutes ago, Boiler said:

Did they bring evidence with them? How their lives are at risk.

 

UK?

 

How old are the children. You can only sponsor your Sibling F4 category.

 

 

Not UK. Children 6 and 2 years old

2 minutes ago, Family said:

The I-130 Petition will automatically include all. Just send everyone‘a birth certificate and sisters marriage certificate as well. 
 

The petition will be approved pretty quickly ( a year or so)..but the link tells you how long before visa will be available.

 

What country? Is asylum an option?

Haiti. Asylum is an option cause it’s very bad there. People can not return, more people are dying there then UK. It’s crazy. 
 

But I was told us citizen needs to file select application for each person, while permanent resident only file one application that covers everyone (derivatives).

I get you response, and it makes sense to me. Thank you again

1 minute ago, Family said:

You cannot file anything for a brother-in-law or nephews . 
The petition covers Principal Beneficiary ( your sister ) and derivatives ( spouse and kids).

If you look at that link it tells you how long before the petition will be current…so no adjustment permitted except for IR /immediate relatives such spouse/child/parent of a USC . The IR category does not need to wait

 

WHY?…it’s the law

 

 

 

 

Thank you, you are right cause I remember I applied for adjusted status but it was for wife of a US citizen. So do the I-130 for the sister only, then when her visa is available at NVC, I can request to include for the derivatives (husband and wife)?

the link you provided is for the time I can apply for I-130? Or when visa is available for an I-130 application after being approved?

59 minutes ago, Family said:

You can file only an I-130 for your sister. Her husband and children under 21 are included.  See link to get an idea of how long the wait for priority date is. 
 

They cannot adjust /I-485 at this time . They can keep requesting renewal of HP  . 

IF there is no going back to home country…they can apply for asylum before one year passes. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

How the her husband and children under 21 are  included? Only one application for all? I thought us citizens are required to file separate application for each person? And why you can’t don't the adjust status so they can get their employment card??? Let me know please. Thank you for your answer

3 minutes ago, Boiler said:

Which Country is she from

 

How old are the children

 

You filed the I 134a?

 

Yes I-134a

Hello,

I am a US citizen. My sister entered the US with her husband and children under humanitarian parole. Can I apply for my sister and her husband and her children with I-130 together with adjust status I-485 to get green card? If yes, does each person require to have separate I-130 and I-485? If not, what is the best way to get them green card? Thank you very much

15 hours ago, Boiler said:

Did they enter before the TPS designation?

They came this year 2022. TPS was for people before July 30, 2021
Are you saying sister can not file I-130 for them? 

51 minutes ago, Family said:

Sister can apply for her brother now but it will not give him a solution to stay in the US while waiting for his immigrant visa. 
Brother and family can stay in the US as long as the court case lasts. If he wins asylum , he has path to green card. If he loses and is also refused  withholding , then IJ orders removal….IF he has TPS, he can stay anyway….
But too many IFS ..here since you are not providing country specific info…

Haiti 

and people are being killed and burned every day due to political issues 

38 minutes ago, Family said:

The brother is Definitely in Removal and if the family crossed the border together, so is wife and child. 
He should immediately call EOIR or do online search to find out when his next hearing will be held, as well as update the address for each of them https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

This will also get his case transferred to the immigration court near where he lives.

His asylum case will be heard by the Immigration Judge so best he gets an attorney to help him. No matter how it plays out , he should not leave the country without finishing out the court case….
 

Sister can file the I-130 now , more as a show of equity ties to US but no possibility of anything happening for a couple of decades.

 

I am replying to get more clarification. So the sister can apply for her brother while he is in removal and is waiting to appear before a judge? The US immigration let him crossed the mexico border to seek asylum. I just want to know if the sister can file I-130 for him and his wife and kid. If yes, if he can stay in the US while waiting for his immigrant visa to be available?

Can the sister apply for the brother? And can the brother remain in the US while waiting for his visa to be available or priority date? I knew someone who applied for a brother after the brother was denied asylum. The brother has TPS,  and that sister applied for the brother and the the brother is still living the US while waiting for his priority date.

Sister is a US citizen but her brother entered US through USCIS Mexico border, no I-94 was given. Can sister file for brother and wife and kid to get green card? 
Brother has just filed for Asylum and received a Notice letter below. However, another person received a biometric letter and was told that his asylum case is pending. 
Below is the brother notice letter and he is concerned that he might be on removal case?

Can someone help if I have to travel oversea (traveling for more than 6 months but less than a year) while on green card?

I am on a F2B category. I would like to have one of my daughter to travel with me. When my father filed the application for me, my daughter was under 17 years old. But, now my visa becomes available, the NVC told me she is aged-out and not qualified under CSPA. The NVC told me I could still bring her paper work at the Embassy at the interview and the Consulate Officer is the one that could make a decision for her. My question, has anyone of you heard of any case like this in which the Officer granted a visa for a child that was not qualified for CSPA? How often that happen?

1. 20 years old can be added if she is single. The other poster is wrong about her 21sr birthday. Since your PD is current, CSPA will lock her age as 20 as long as she applies for a visa within 1 year of your PD becoming current. Turning 21 will not affect her. She can come after age 21. (Hypnos - this is not a K-2 situation.)

2. 23 years old daughter has aged out. Since it took USCIS about a year to approve the I-130, you can only subtract that year from her real age. Her CSPA age would be 22 so she has aged out.

A lawyer can not help. A lawyer can not make an ineligible child into an eligible one. You will have to petition for your 23 years old. She will be in the F2b category and wait 7 years for a visa.

Contact the NVC. Provide them with a photocopy of your 20 years old daughter's birth certificate with a certified English translation. Reference the case number, petitioner's info, and your info.

Google "contact NVC."

Google "USCIS translation."

Please review the rules of CSPA.

The 23 years old daughter has aged out.

Please don't give the OP false hope.

Thank you for your help. will this significantly delay the visa procedure? For the guy who said the officer granted the 25 years old the visa, that's what to NVC told me to bring my 23 years old daughter's papers such as passport, and the officer is the one who can decide if he or she would grant my daughter the visa.

Thank you guys for your reply. That was very helpful. Now what should I do to add my 20 years old daughter to the case? How to start? Please

Hi everyone. I have two questions

My father apply for me I-130 under a F2B category. My priority date which is my visa becomes available on october 2015. The NVC ask me to pay for my visa and send my affidavit support.

Question 1- Can I add my 20 years old daughter to come with me in the USA? Notice, she was not in my case yet? I just want to add her under the case now.

Question 2- I have another daughter but the National visa center said she is not qualified to join me under the CSPA law. When I called NVC, they said I could bring my daughter passport when I have an interview, and the interviewer is the one who will decide if he will grant her to join me. She was born September/1992 and is 23 years old now.

to give you more information:
- the Priority date is 03/2009 under F2B category
-USCIS approved the petition around the middle of February 2010
-Country HAITI

Can a lawyer help me win that case? What should I do? I need help please

I translated my own and got it notarized. You do not need it for the K1 but you do need it for the next steps, and for life. If you want the translated one I did, let me know and I'll send it to you as a link...

PS--I included a notarized Translator's statement with it too...

Hi,

Can you send me the link to translate my wife birth certificate, please?

It is officaly a non immigrants visa, but most embassys process it as an immigrant visa, thus the required medical, etc. so it shows up in the iv category. Its one of those special cases.

Oh ok. But why it takes long to get the passport with the visa stamp after interview for k1 visa 9 days ago, while my friend just has his interview 2 days ago, and already has his visa printed.

It's been 9 days since my fiancee had her interview. They told her to pick her passport today at HAITI MESSAGER. When I check on ceac.state.gov, the status says "No Status" under the Non-immigrant visa (NIV) section; however, when I checked under the Immigrant Visa (IV) section, it says 'READY' (for interview)" and last update is april 10 which is one day after the interview. I also checked on HAITI Messager website to see if the passport was delevered, it shows that her visa is a IV type and not delivered yet. I thought K1 would be under NIV type since the DS-160 is for NIV. My wedding is on the 27th of this month. I don't know what to do....

Congrats!!! You waited so long for that.....

Congrats! Thank God