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Will our daughters be eligible for Greencards if they remain in UK?

Will our daughters be eligible for Greencards if they remain in UK?

Old Sep 16th 2012, 1:26 pm
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Default Will our daughters be eligible for Greencards if they remain in UK?

IF (and it's a big 'if') all goes to plan, then we will be relocating to California on an 01 visa.

Everything is still a little uncertain regarding timescales but we have twin daughters aged 16 currently taking their A Levels here in the UK. Both are concerned (as are we) about the impact the move will have on their education so one possibility is that they remain behind to finish their A Levels and then make a decision as to whether to progress to a UK uni or join us in the US to attend College there.

One thing that my husband and I would like to do is to start the GC process very soon after arriving (we appreciate it may not be that simple) but could our daughters still be eligible for their Greencards even if they have stayed behind in the UK? or do they have to be present in the US at the time we start the application?

Any other issues we need to be aware of?
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Old Sep 20th 2012, 8:17 pm
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Default Re: Will our daughters be eligible for Greencards if they remain in UK?

I didn't respond to this one because I don't know much about the O-1 visa.

I also am not sure if your daughters would be eligible for green cards if they never even enter the USA at all.

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Old Sep 21st 2012, 1:50 pm
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Default Re: Will our daughters be eligible for Greencards if they remain in UK?

Originally Posted by clarity1971 View Post
One thing that my husband and I would like to do is to start the GC process very soon after arriving (we appreciate it may not be that simple) but could our daughters still be eligible for their Greencards even if they have stayed behind in the UK? or do they have to be present in the US at the time we start the application?
Depending on whether you're self-sponsoring in the EB-1 category or being sponsored by an employer, somebody will file an I-140 on behalf of the actual O-1 holder (possibly after obtaining labor certification, depending on whether it's EB-1 or EB-2). The kids certainly don't have to be involved at that point.

When the actual I-485 is filed, according to the instructions dependents outside the US can file an I-824 at the same time "to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved." This certainly makes it sound as though the option you're considering exists.
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Old Sep 21st 2012, 2:08 pm
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Default Re: Will our daughters be eligible for Greencards if they remain in UK?

Originally Posted by clarity1971 View Post

Everything is still a little uncertain regarding timescales but we have twin daughters aged 16 currently taking their A Levels here in the UK. Both are concerned (as are we) about the impact the move will have on their education so one possibility is that they remain behind to finish their A Levels and then make a decision as to whether to progress to a UK uni or join us in the US to attend College there.

One thing that my husband and I would like to do is to start the GC process very soon after arriving (we appreciate it may not be that simple) but could our daughters still be eligible for their Greencards even if they have stayed behind in the UK? or do they have to be present in the US at the time we start the application?

Any other issues we need to be aware of?
You can apply for GC when you have the O1. Once you have that you can sponsor your children for GCs too.

Something you should be aware of is the cost of sending two children to college in the US. For 4 years you could be looking at $400k.....although many students get scholarships, grants and loans that reduce the immediate cost a bit.
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Old Sep 21st 2012, 4:17 pm
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Default Re: Will our daughters be eligible for Greencards if they remain in UK?

Originally Posted by nun View Post
You can apply for GC when you have the O1. Once you have that you can sponsor your children for GCs too.
I wouldn't necessarily recommend waiting until you get your GCs. If your kids apply at the same time as you they can get GCs at basically the same time as you. This is vastly preferable to being processed in the F2A category, which would certainly entail a non-trivial wait and can also open you up to other potentially severe complications, eg if they were to get married or something.

EDIT: D'oh, just noticed my first post above contains a misstatement that I will chalk up to lack of coffee. The dependents don't file the I-824, the principal does.

Last edited by zerlesen; Sep 21st 2012 at 4:35 pm.
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Old Sep 26th 2012, 12:22 am
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Default Re: Will our daughters be eligible for Greencards if they remain in UK?

Originally Posted by zerlesen View Post
I wouldn't necessarily recommend waiting until you get your GCs. If your kids apply at the same time as you they can get GCs at basically the same time as you. This is vastly preferable to being processed in the F2A category, which would certainly entail a non-trivial wait and can also open you up to other potentially severe complications, eg if they were to get married or something.
Agree.

I would also recommend a consultation with an immigration lawyer on the best process. Whether the children come to the U.S. on their O dependent visas so they are physically in the country when GC is filed, and then apply for Advance Parole to leave, or whether they apply for Immigrant Visas at the Embassy in London.

Also consider whether it's possible for dependents to do consular processing when the main applicant is filing Adjustment of Status - if not, it may be preferable for the children to come to the U.S. as discussed above rather than the whole family applying for Immigrant Visas.

The consequences of getting it wrong can be severe, hence the need for a competent attorney.
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