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Susie
03-28-2007, 10:42 PM
Hi

I was asked if a USC could sponcer their parents and the answer is yes so long as the child is at least 21 years old. Thought the information below would be useful to others


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Immigration through a Family Member

Overview and Process
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.



The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.
Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or
Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
Husband or wife, or
Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

peter gold
03-29-2007, 12:16 AM
yes but wait is many years
probably quicker to wait to USC and then petition

Susie
03-29-2007, 01:46 AM
Hi,

I do agree there is a long wait hopefully this will change with new legislation and there would be nothing to stop the parents coming on an E visa, H1B or maybe L visa, whilst the child sponcers them

peter gold
03-30-2007, 12:48 AM
There would then be a problem of dual intent. Cany apply saying no intent to immigrate whilst filing an alien petition to emigrate. They will find out

Susie
03-30-2007, 04:25 AM
Hi Peter

The L and H 1B visa does have dual intent, doesn't it? Think only the E visa maybe a problem

tracifrost
03-31-2007, 12:09 AM
H1 and L1 visas are the only two 'duel intent' visas
E2 is what it says an investment visa x

v2002
03-31-2007, 04:36 AM
Hi Peter

The L and H 1B visa does have dual intent, doesn't it? Think only the E visa maybe a problem
sue I am lost .... why are you talking of visa when the parent is to be sponsored ?
ONLY USC can sponsor a parent provided the USC is 21 or 21+....

GC holder cannot sponsor parent no matter dual intend or not.

GC holder can only sponsor____
spouse
child under the age of 21
Unmarried son or daughter of any age

peter gold
03-31-2007, 02:24 PM
A LPR and USC both can sponsor but the former will have a very low prioriity in the waiting game

Munish
03-31-2007, 03:17 PM
V2002 is right. An LPR cannot sponsor their parent. Only a USC can. The following are the possibilities for family based petitions.

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

peter gold
03-31-2007, 11:57 PM
My bad .........aplogies. I had not noticed the restriction against parents .
Always happy to admit if I am wrong.

Susie
04-01-2007, 01:29 AM
sue I am lost .... why are you talking of visa when the parent is to be sponsored ?
ONLY USC can sponsor a parent provided the USC is 21 or 21+....

GC holder cannot sponsor parent no matter dual intend or not.

GC holder can only sponsor____
spouse
child under the age of 21
Unmarried son or daughter of any age


Hi sorry your lost,

The question in my post was


could a USC sponcer a parent=answer yes, so long as they are over 21years.



As it was stated there would be a long wait, I suggested the parents may be able to come to the USA, quicker (on their own merits) on L visa, H1B visa or E visa and once in the USA the child could then sponcer parents.

Just trying to suggest a way to speed up the parents getting to the uSA

Hope this is more clear

Ray10
04-30-2007, 11:25 AM
All wrong ...

Parents of U.S. citizens are regarded as "immediate relatives" and are not subject to numerical limitations. They only have to wait for the necessary paperwork processing.

Munish
04-30-2007, 11:32 AM
Hi Ray10,

Yes you're right, but this has already been stated above, and nobody stated Parents are subject to numerical limitations when sponsored by USCs.

The mistake above was regarding the ability of LPRs to sponsor Parents (which, as I am sure you already know, they can't), but that was already clarified.