Spnosoring unmarried child over 21
Oct 14th 2003, 9:45 pm
#1
Guest
Posts: n/a
Spnosoring unmarried child over 21
Hi,
I have a friend who is a permanent resident. He was sponsored by his
brother, who is a citizen. At the time my friend became permanent
resident, his son was above 21, so the son wasn't able to get his
permanent residency.
Now should my friend wait to become citizen and then file for his
son's permanent residency or should he file now ?
If he files now as a permanent resident and then when he becomes
citizen, will the son's file be moved to different category ? I think
so, but I am not sure what the Priority date will be.
Any help/insight into this is appreciated. Thanks.
I have a friend who is a permanent resident. He was sponsored by his
brother, who is a citizen. At the time my friend became permanent
resident, his son was above 21, so the son wasn't able to get his
permanent residency.
Now should my friend wait to become citizen and then file for his
son's permanent residency or should he file now ?
If he files now as a permanent resident and then when he becomes
citizen, will the son's file be moved to different category ? I think
so, but I am not sure what the Priority date will be.
Any help/insight into this is appreciated. Thanks.
Oct 14th 2003, 11:28 pm
#2
Guest
Posts: n/a
Re: Spnosoring unmarried child over 21
"Re Pas" <[email protected]> wrote in message
news:[email protected]...
> I have a friend who is a permanent resident. He was sponsored by his
> brother, who is a citizen. At the time my friend became permanent
> resident, his son was above 21, so the son wasn't able to get his
> permanent residency.
> Now should my friend wait to become citizen and then file for his
> son's permanent residency or should he file now ?
He should file Form I-130, Petition for Alien Relative, now, asking to
classify his son in the category Family 2B, unmarried son or daughter of a
U.S. permanent resident. The date that USCIS receives this petition is the
priority date.
> If he files now as a permanent resident and then when he becomes
> citizen, will the son's file be moved to different category ?
Yes. The day that the father becomes a U.S. citizen, the petition will be
automatically converted to the category Family 1, unmarried son or daughter
of a U.S. citizen. The original priority date is retained after the
conversion, for the purposes of waiting for the quota.
The son should not marry before the father becomes a U.S. citizen, unless
his father and he are willing to start over again with a new petition, new
priority date, and a new waiting time.
I think
> so, but I am not sure what the Priority date will be.
news:[email protected]...
> I have a friend who is a permanent resident. He was sponsored by his
> brother, who is a citizen. At the time my friend became permanent
> resident, his son was above 21, so the son wasn't able to get his
> permanent residency.
> Now should my friend wait to become citizen and then file for his
> son's permanent residency or should he file now ?
He should file Form I-130, Petition for Alien Relative, now, asking to
classify his son in the category Family 2B, unmarried son or daughter of a
U.S. permanent resident. The date that USCIS receives this petition is the
priority date.
> If he files now as a permanent resident and then when he becomes
> citizen, will the son's file be moved to different category ?
Yes. The day that the father becomes a U.S. citizen, the petition will be
automatically converted to the category Family 1, unmarried son or daughter
of a U.S. citizen. The original priority date is retained after the
conversion, for the purposes of waiting for the quota.
The son should not marry before the father becomes a U.S. citizen, unless
his father and he are willing to start over again with a new petition, new
priority date, and a new waiting time.
I think
> so, but I am not sure what the Priority date will be.
Oct 15th 2003, 6:08 am
#3
Guest
Posts: n/a
Re: Spnosoring unmarried child over 21
First, it depends on whether the son is married or not. If the son is
married, he has no choice but to wait until your friend is naturalized
(the alternative is for the son to get divorced, and remarry later. That's
a bit of an iffy strategy, though).
If the son is unmarried, file immediately. The son would be in Family 2B
category. Tell the son to remain unmarried - very critically important.
Once your friend naturalizes, the son would automatically move into the
Family 1st Preference (no application necessary, this is automatic). At
this point, the son can get married. This will put him into Family 3rd
category.
The beauty of this strategy is that the son's Priority Date will remain
the same original one throughout the process. So he saves quite a few
years by applying now.
On Tue, 14 Oct 2003 14:45:45 -0700, Re Pas wrote:
> Hi,
> I have a friend who is a permanent resident. He was sponsored by his
> brother, who is a citizen. At the time my friend became permanent
> resident, his son was above 21, so the son wasn't able to get his
> permanent residency.
> Now should my friend wait to become citizen and then file for his son's
> permanent residency or should he file now ? If he files now as a
> permanent resident and then when he becomes citizen, will the son's file
> be moved to different category ? I think so, but I am not sure what the
> Priority date will be. Any help/insight into this is appreciated.
> Thanks.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
married, he has no choice but to wait until your friend is naturalized
(the alternative is for the son to get divorced, and remarry later. That's
a bit of an iffy strategy, though).
If the son is unmarried, file immediately. The son would be in Family 2B
category. Tell the son to remain unmarried - very critically important.
Once your friend naturalizes, the son would automatically move into the
Family 1st Preference (no application necessary, this is automatic). At
this point, the son can get married. This will put him into Family 3rd
category.
The beauty of this strategy is that the son's Priority Date will remain
the same original one throughout the process. So he saves quite a few
years by applying now.
On Tue, 14 Oct 2003 14:45:45 -0700, Re Pas wrote:
> Hi,
> I have a friend who is a permanent resident. He was sponsored by his
> brother, who is a citizen. At the time my friend became permanent
> resident, his son was above 21, so the son wasn't able to get his
> permanent residency.
> Now should my friend wait to become citizen and then file for his son's
> permanent residency or should he file now ? If he files now as a
> permanent resident and then when he becomes citizen, will the son's file
> be moved to different category ? I think so, but I am not sure what the
> Priority date will be. Any help/insight into this is appreciated.
> Thanks.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 15th 2003, 2:41 pm
#4
Guest
Posts: n/a
Re: Spnosoring unmarried child over 21
Thanks. This really helps.
