HELP FOR HER DAD

[dcwfn]

There has been little or nothing about our case/approval that has been "normal" Through the magic of USCIS, Mei's family is going to be arriving in Richmond soon.

Apparently her family has forgotten one major issue. If all of hem were able to get here, who's going to stay in China and take care of her father who is wheel chair bound?

Hence, my question. What paperwork do we need to initiate for him to get here? Trust me, this is not something that we neglectedto do during the process for Mei. It is an issue they came up with in he past few weeks or so.

Where do I start for his process?

[Stepbrow]

I think your choices depend upon what Mei's status is. If she is a citizen, then she will just file an I-130 for an immediate relative. If she is an LPR, then she will file the same form as an LPR. The difference is that the waiting list is very long for LPR's relative, and immediate (a relative term) for a citizen's relative.

 

In either event she and you should file the I-130 asap, because this establishes the priority date. So, even if she is an LPR, the filing will establish a priority date. You can check on the USCIS website for the wait times.

[dnoblett]

I think your choices depend upon what Mei's status is. If she is a citizen, then she will just file an I-130 for an immediate relative. If she is an LPR, then she will file the same form as an LPR. The difference is that the waiting list is very long for LPR's relative, and immediate (a relative term) for a citizen's relative.

 

In either event she and you should file the I-130 asap, because this establishes the priority date. So, even if she is an LPR, the filing will establish a priority date. You can check on the USCIS website for the wait times.

Note, an LPR can file for their Children or Spouse, NOT parents.

 

She needs to be a US Citizen BEFORE filing for her parent, also a US Citizen CANNOT file for an IN-Law.

 

Who May File Form I-130?

 

2. If you are a lawful permanent resident of United States, you may file this form for:

 

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

 

Who May Not File This Form I-130?

 

8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

http://www.uscis.gov/files/form/i-130instr.pdf

 

This is one of the benefits of US Citizenship.

[lostinblue]

Are we looking at a visitors visa or to bring him here for good?

[dnoblett]

Are we looking at a visitors visa or to bring him here for good?

Good point.

[dcwfn]

Are we looking at a visitors visa or to bring him here for good?

 

Actually, he would indeed be here as a permanant resident. Mei is working on her citizenship now but as you may recall she had her "Green-Card" when she came back in 2007. On the other hand, her sister has long since been here long enough to be a citizenship. That being the case, do I understand correctly that her sister will have to file for him? Would Mei's sister be the one to file it for him?

[warpedbored]

Are we looking at a visitors visa or to bring him here for good?

 

Actually, he would indeed be here as a permanant resident. Mei is working on her citizenship now but as you may recall she had her "Green-Card" when she came back in 2007. On the other hand, her sister has long since been here long enough to be a citizenship. That being the case, do I understand correctly that her sister will have to file for him? Would Mei's sister be the one to file it for him?

Your wife can apply for US citizenship 90 days prior to 3 years from the issue date of her green card. If her sister is married to a US citizen she can do the same. If not she has to have been a LPR for 5 years. Neither of them can file to bring the father here permanently unless they become a US citizen.

[dnoblett]

One other note to add to what Carl said. If there has been any period away from the USA more than 6 months then residency time before the absence cannot be counted toward Citizenship.

[dcwfn]

I called USCIS this morning and actually got to speak to a live person! (I think whoever invented those automated answering things should have them shoved up their........)

Anyhow, The gist of it is that he "applies" for a visitor's visa and gets here. When he is on American soil an I-130 is then filed and he may remain until a decision is rendered. It "may" be also that a doctor advises against him taking the trip back and it's pretty much a done deal. The man is in his mid 80's at best so I suspect that when he does return to Guangzhou it will be inside an urn.

Edited January 15, 2010 by dcwfn (see edit history)

[warpedbored]

That is exactly why they are unlikely to give him a tourist visa.

[dcwfn]

That is exactly why they are unlikely to give him a tourist visa.

 

I'm with you on that one too. Based on some of the weird crap Mei and I went through it's difficult to second guess what those people will do or why. In my mind it's a 50/50 shot at best for the moment. The unlnown element is whether or not they consider it to be a humanitarian situation. I saw that terminology used somewhere along the way with Mei. I wish I could find it again to review what it said. All we can do is to try. The worst thing they can say is, no. Of course it'll cost $355.00 to find out...lol

[dnoblett]

I called USCIS this morning and actually got to speak to a live person! (I think whoever invented those automated answering things should have them shoved up their........)

Anyhow, The gist of it is that he "applies" for a visitor's visa and gets here. When he is on American soil an I-130 is then filed and he may remain until a decision is rendered. It "may" be also that a doctor advises against him taking the trip back and it's pretty much a done deal. The man is in his mid 80's at best so I suspect that when he does return to Guangzhou it will be inside an urn.

Sounds like some mis-information on the part of the USCIS operator.

 

Yes some parents come over as tourist, and yes some DO adjust status by filing I-130 AND I-485 together but this is in the case where they have a son or daughter (NOT IN-LAW) who is a US Citizen, the I-485 requires an I-130 to be filed that would result in a visa issued in the IR Unlimited Class (Parent of a US Citizen). The problem is that a Green-card holder cannot file the I-130, and US citizen In-Law cannot file it either. The I-130 will be rejected and since the I-485 is based on the I-130, it too will be rejected.

 

More than likely all time spent in the USA after visitor's I-94 expires will add up to overstay, and can also potentially end up in court pending a deportation. He will be here illegally, but more than likely nothing will come of this.

 

Anyway, if you do get him here as a visitor, may as well wait until your wife becomes a US Citizen, and then file I-485+I-130 for a green-card, more than likely any overstay will be waived.

[dcwfn]

I called USCIS this morning and actually got to speak to a live person! (I think whoever invented those automated answering things should have them shoved up their........)

Anyhow, The gist of it is that he "applies" for a visitor's visa and gets here. When he is on American soil an I-130 is then filed and he may remain until a decision is rendered. It "may" be also that a doctor advises against him taking the trip back and it's pretty much a done deal. The man is in his mid 80's at best so I suspect that when he does return to Guangzhou it will be inside an urn.

Sounds like some mis-information on the part of the USCIS operator.

 

Yes some parents come over as tourist, and yes some DO adjust status by filing I-130 AND I-485 together but this is in the case where they have a son or daughter (NOT IN-LAW) who is a US Citizen, the I-485 requires an I-130 to be filed that would result in a visa issued in the IR Unlimited Class (Parent of a US Citizen). The problem is that a Green-card holder cannot file the I-130, and US citizen In-Law cannot file it either. The I-130 will be rejected and since the I-485 is based on the I-130, it too will be rejected.

 

More than likely all time spent in the USA after visitor's I-94 expires will add up to overstay, and can also potentially end up in court pending a deportation. He will be here illegally, but more than likely nothing will come of this.

 

Anyway, if you do get him here as a visitor, may as well wait until your wife becomes a US Citizen, and then file I-485+I-130 for a green-card, more than likely any overstay will be waived.

 

I thought I'd mentioned this before but Mei's status of having a green card is actually a moot point. Her sister has been here for a wee bit more than 15 years and yes, she is already a citizen. Hence Mei's sister will be the one to file the papers.

[warpedbored]

Hells bells, why didn't you say so? If sis is a US citizen she can file for him to come now. With Electronic filing he could be here in 5 or 6 months.

[dcwfn]

Hells bells, why didn't you say so? If sis is a US citizen she can file for him to come now. With Electronic filing he could be here in 5 or 6 months.

 

I guess I ha a brain fart....lol