betty boop

Hi. I am a naturalized american citizen and my mother is a legal US resident. I have 5 other siblings here in the US who are all nurses and are all american citizens as well. My question is: I have a 44 year old sister in the Philippines who has mental disability.  We want to bring her over here in the US for short visits (3 months at a time) under a tourist/ visitors visa. What documents do we need to present? Obviously she doesn't own a home, does not work and just basically depend on us for financial support.  We don't have plans of having her live here in the US as she is well taken care of by our relatives in the Philippines.  We just want her to be able to celebrate Christmas, her birthday and some other special occasion with us. Is there a special visa for people with disabilities who will just come to the US for a visit? Would greatly appreciate any information that might help us.

Thank you.

Hello,

I am on H1B status and it will expire on April of 2016. My employer is now processing my permanent residency. Step 2 of the process has already been approved. I am just waiting for my priority date to get current. My dilemma is that last year, I was in violation of my H1B visa. I took a small side job from another company to the tune of $1,500 income. And because of this my lawyer said I am in violation of my visa. He tells me that there is a possibility that my priority date (Sept 13 2013) will be on "current" status either November or December this year. He said that in order for my violation to be "forgiven", I need to exit the United States for a day or two and re-enter back to the US. He wants me to go to Canada.

Is there a link out there pertaining to my case that I can read? Why do I have to exit the US for a day or two? Will I still be able to go back to the US without any problem? I would greatly appreciate your help.

Hello,

My father is eligible to apply for his US Citizenship this September 2015. Two of his minor daughters, ages 14 & 18, arrived in the US last April 2015. If my father becomes a US Citizen, will his minor children automatically becomes US citizen. Do you have an immigration link pertaining to this issue?

Thank you.

Hi! My younger sister (intended immigrant) is scheduled for an interview at Manila Embassy on Sept 11. It was actually my dad (permanent resident) who petitioned her and my older sister (US Citizen) filed the I-864A (Affidavit of support & household member). My older sister gave USCIS all the documents they needed including her 2012 ITR. Recently my older sister & my dad had an argument that ended up not in good terms. My younger sister (intended immigrant) is now scheduled for interview on Sept 11, & one of the requirements is for her to bring my older sisters 2013 ITR. The problem is because of their previous argument, my older sister refused to give my younger sister her 2013 ITR to get back at my dad.

My question is: I am an American Citizen, I recently became a Registered Nurse & is currently working in a hospital & is earning decent salary. Could I & my husband fill out an Affidavit of support as co-sponsor in lieu of my older sister's 2013 ITR? I included my husband because I was only working part-time last year since I was going to school full time. So my 2012 income alone will not meet the poverty guideline to support my younger sister. Would they disregard the I-864A that my older sister filed and instead acknowledge the I-864 as co-sponspor from my husband??? what other options do we have?

I am so confused now. When we filed for an I-130 petition to USCIS, i have submitted all original & certified documents of my sisters : birth cert, baptismal cert, school records, affidavits, pictures, bank statements, remittance record, Affidavit of support (I-864) with ITRs, photocopy of passports & school IDs. Are all these documents going to be forwarded by USCIS to NVC??

We just got done submitting one of my sister's DS-260 online, & it said "if you have not already collected & submitted the required documents to NVC then you should do so at this time." Do I have to collect another sets of original & certified documents, including filling out another I-864 to be submitted to NVC??? Then come interview time for my sisters at the US embassy, they have to bring another sets of original documents??? How many more original or certified documents to we need to give them?

Or should I just wait for 30 business days to hear from NVC as to what documents they need? Help pls. Thank you in advance.

Hello,

Just need help as what to do next. My half-sister got a letter from NVC & US Embassy in Manila stating that she is already eligible for further processing, and that she needs to apply for an immigrant visa within one year. It also says that she should schedule her case for an interview. The letter from NVC was dated Sept 5, & the letter from US Embassy Manila was Oct 1. She got both letter in one envelope and she got it in the mail Oct 4. now here is where it becomes complicated, My sister just turned 21 last Sept 29 but her priority date became current Sept 8. Is she still covered by the CSPA?

Should we call NVC to clarify if she is still covered by it. I told her to schedule her interview ASAP. Please enlighten us. Thank you.

File now. It's a bad idea to wait. Time is being wasted.

When your father becomes a US citizen, the case can be upgraded to an Immediate Relative case if your sister is under 21 at that time or be retained in the F2b category if needed.

Precious time is being wasted by not filing now.

If my father becomes a US citizen, how can we retain the F2A category (my OTHER sister is 12 yo right now). Looking at the current visa bulletin, F2A has shorter waiting period than an F1.

Hi. I'm an American citizen, but my parents are still under the permanent resident status. My dad will be eligible for citizenship in 2 years. He filed a petition for one of my sisters 3 yrs ago (below 21) and was approved and is just now waiting for a visa. We thought it would probably be best if we wait to file the petition for my OTHER sister (below 18) until he gets his citizenship, since we were told US citizens do not have visa quota. We thought it would be faster processing. Then we heard that in the case of the Philippines its different. How true is this? Do we file for the petition of my OTHER sister now or wait until my dad gets his citizenship? What will happen to the first petition? Would it be longer processing?

CSPA is unfortunately off the table since your father did not naturalise before she turned 21 and her adjusted age will be 21 or over by the time he does eventually naturalise.

The case is further complicated by the fact that if your father naturalises then her preference would change from F2B to F1. Ordinarily this would help, as usually F1 is a shorter queue than lower categories; however for applicants from the Philippines this is not the cae, and jumping to F1 would add a further ~eight years onto her already 10 year wait.

She can, however, "opt-out" of this conversion at the time that your father becomes a US citizen and preserve her F2B classification. Such a request would need to be made in writing immediately following your father's naturalisation ceremony.

Thank you for the response. I have another question though... I still have another sister who is 10 yo, is it advisable for us to wait until my dad gets his citizenship (in 2 years) before we file for her petition or can we file for her petition now while my dad is still a permanent resident status?

Ages are not frozen under CSPA for relatives of permanent residents, only US citizens.

She has aged out from the F2A category and is now in the F2B preference.

Assuming that she, too, is from the Philippines, she is looking at approximately a 10 year wait (from now) for her priority date to become current, assuming no retrogression.

Would this still hold true if my father applies for his citizenship in 2014. If he becomes a US citizen, would my sister be eligible for immigrant visa under CSPA?

Hi all, I just want to find out if my younger sister is still eligible for immigrant visa under CSPA. I dont know what date should I use when looking up for the visa bulletin current date. Below is my sister's info:

Date of birth - 07/07/1990

Priority date - 01/12/2011

Approval date - 08/18/2011

visa bulletin date - ???????

I tried to look up for the visa bulletin using the priority date January 2011 (did I use the right date??), and it says that my sister is still eligible. Is this true? My dad who is a permanent resident, is the one who petitioned for my younger sister. Would greatly appreciate your help.

Thank you for all the informations. Its well appreciated.

F1 Visa is a student visa. I dont think it would work for my older sister.

Hi. Both my parents, my siblings and I are USC. I have an older sister who is 36 y.o with disability and is still residing in the Philippines. My question is, can my parents still petition my sister even if she has disability? She is deaf & mute and has disability in a way that she think and act like a 7 year old kid. I believe that we can properly take care of her here than my relatives in the Philippines. My sister is a nurse & i'm a year away from getting my BSN. She will not be in anyway be a liability because we can take care of her.

I know that parents can only petition their children that are below 21 year old. Is there an exception to this rule especially when the child has disability?

I would greatly appreciate your sound advice.