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Perminent Resident to USC, the changes in benefits of family immigration?

Perminent Resident to USC, the changes in benefits of family immigration?

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Old Jun 10th 2003, 2:33 am
  #1  
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Default Perminent Resident to USC, the changes in benefits of family immigration?

Hey everyone.

I just have a quick question.

My father, who filed an I-130 for our family(when he was a green card holder), with my Mom as the beneficiary, and the kids as the minor accompanying immigrants, naturalized recently. Now, when I call the NVC to find out whether my Dad needs to pay the Visa Processing fee for just my Mom, or each travelling person, they tell me that ONLY my Mom can travel on this visa!!!

I asked them, aren't the minor children supposed to accompany the parent, without a petition, the lady said, yes, BUT only in the case of a Perminent Resident petitioner, but when he/she turn into a US citizen, they have to file seperate I-130 for each of their accompanying children! My question is.... is this true?! If so, how? Why? When?? I mean this is an outrage!

Also, if this is indeed, the truth, what is the fastest time and way I can get my sister to come here with my mom? Thanks all for reading, please do know that any reply will be appreciated as I'm really shocked right now and I need help! Thanks again!
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Old Jun 10th 2003, 6:50 pm
  #2  
Sylvia Ottemoeller
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Default Re: Perminent Resident to USC, the changes in benefits of family immigration?

"Fragger" wrote in message
news:[email protected]...

    > I just have a quick question.
    > My father, who filed an I-130 for our family(when he was a green card
    > holder), with my Mom as the beneficiary, and the kids as the minor
    > accompanying immigrants, naturalized recently. Now, when I call the NVC
    > to find out whether my Dad needs to pay the Visa Processing fee for just
    > my Mom, or each travelling person, they tell me that ONLY my Mom can
    > travel on this visa!!!
    > I asked them, aren't the minor children supposed to accompany the
    > parent, without a petition, the lady said, yes, BUT only in the case of
    > a Perminent Resident petitioner, but when he/she turn into a US citizen,
    > they have to file seperate I-130 for each of their accompanying
    > children! My question is.... is this true?!

Yes.

If so, how?

It is simply true. Only beneficiaries in the numerically limited family
categories can "bring along" dependents. Immediate relatives (the category
to which your mother was automatically converted upon your father's
naturalization) are not eligible to "bring along" dependents.

Why? When?? I
    > mean this is an outrage!
    > Also, if this is indeed, the truth, what is the fastest time and way I
    > can get my sister to come here with my mom? Thanks all for reading,
    > please do know that any reply will be appreciated as I'm really shocked
    > right now and I need help! Thanks again!

Your father should immediately file Form I-130 on behalf of his daughter,
your sister. If she is under 21 and unmarried, she will be classified as an
immediate relative.

If your father had been better advised, he would probably have filed
separate I-130s for each family member, in anticipation of his
naturalization.
 
Old Jun 11th 2003, 2:16 am
  #3  
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Joined: Nov 2002
Posts: 82
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Default Re:

Thank you very much, Sylvia. I appreciate your reply very much. I'm sure if my Dad knew of these changes, he would have filed a seperate I-130 for the both of us.

Anyway, is there a way, that when my father files for the I-130, my sister's case is expediated or something, so she can accompany my mother? If so, can you tell me exactly how to acheive this? Thanks again!
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Old Jun 12th 2003, 1:02 am
  #4  
Sylvia Ottemoeller
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Default Re: Perminent Resident to USC, the changes in benefits of family immigration?

"Fragger" wrote in message
news:[email protected]...

    > Thank you very much, Sylvia. I appreciate your reply very much. I'm sure
    > if my Dad knew of these changes, he would have filed a seperate I-130
    > for the both of us.
    > Anyway, is there a way, that when my father files for the I-130,
    > my sister's case is expediated or something, so she can accompany
    > my mother? If so, can you tell me exactly how to acheive this?

The cases probably can't be processed at the same time, unless your mother
can delay her processing quite a bit. There may be a chance at Direct
Consular Filing; your father should check into that. If that's not
possible, then your father has to file the I-130 with the appropriate BCIS
Service Center and wait.

When the I-797 Receipt Notice for the I-130 has been received, your father
could ask his Congressperson for help in expediting the case based on
humanitarian reasons. He should call the local office of the Member of the
House of Representatives for his district.
 
Old Jun 15th 2003, 7:36 pm
  #5  
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Joined: Nov 2002
Posts: 82
Fragger is an unknown quantity at this point
Default Re:

Thanks once again Sylvia. I appreciate you help. Can you please elaborate more on the "Direct Counsoler Filing?" It sounds to be the only ray of hope, as they letters from Congress people and etc, don't seem to be very affective. Thanks for reading!
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