持有美國綠卡的父母點申請子女超過21歲到美國

2010-04-04 3:03 am
我父母就嚟會移民美國,但我同家姐超過21歲,咁如果佢地過到美國拎到綠卡之後再申請我同家姐,要幾耐時間我地先拎到綠卡? 仲有我父母要點做同填d咩form?

thanks
更新1:

我剛剛先知道原來有兒童保護法(CSPA)依樣野,我地住係美國的親戚申請我地係係1997年,當時我同我家姐都係12,3歲..我睇過如果申請時係未滿21歲都可以跟父母一齊去美國的,究竟係唔係?? 但而家佢地已經批左,咁我仲有冇野可以做?? THANKS

回答 (2)

2010-04-04 8:43 am
✔ 最佳答案
1. How fast you can get it depends on your parents because:

a. If your parents at any time have showed that they have the intention to abandon the residency (by leaving more than 6 months without prior authorization), the U.S. Government can in fact revoke their residency (but it is a lengthy process). In this case, if their residency get revoked, your immigration eligibility will be lost immediately as well.

b. I assume your parents won't stay long in the United States. If they are lucky that without experiencing anything above, your waiting time will be about 8 years + 1 year for the application processing under F2B category.

c. If your parents can successfully maintain the residency by actually living there and making all the way to become citizens (which takes 5 years), your waiting will be shorter as the U.S. Government allow upgrade from F2B to F1. In that case, your total waiting time will be reduced to 6 years, which you should be able to go right after the upgrade (upgrade is not automatic).

In order to sponsor you, your parents will have to file a I-130 for each child:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD

2. For CSPA, it is a little bit complicated. I take the assumption that you should not eligible under CSPA because:

a. U.S. Consulate will check for you automatically - If any of you are eligible, you will be allowed to apply the visa.

b. CSPA only credit back your waiting time for the I-130 approval, which is less than 1 year. So most people will not be eligible.

As a friendly reminder, none of you can be married at any time. Marriage will void your petition. Unlike other, your will not be able to downgrade to F3. In order to downgrade to F3, you must be under F1 before marriage.

In a simple way, as soon as your parents still have the Green Card (and you want to go to the U.S.), you can't get married.
2010-04-04 3:42 am
我父母就嚟會移民美國,但我同家姐超過21歲,咁如果佢地過到美國拎到綠卡之後再申請我同家姐,要幾耐時間我地先拎到綠卡?

That's F-2B category. For the unmarried Children of LPR holder.

The priority date for F-2B is now processing 1 Feb 02, which mean if you apply F-2B now, your process need to take 8 years to go though that is, if you apply today, your application will go thru on/about June 2018.

However, in the duration ofyour wait, either of you cannot get married and you two need to stay single until the day the visa grant, otherwise you will then become invalid for F-2B and need to go back to line up on F3. Which have a 9 years wait.

仲有我父母要點做同填d咩form?

There are a lot of form involved, you need to check with USCISwebpage for more detail.

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