World Journal Weekly Q & A - October 13, 2013

Q & A 1. 2.

Q&A 1.


Parents Who Immigrated Through USC Son Want to Know Options for Petitioning for Their Daughter.

Sun reader asks:

My son (U.S. citizen) petitioned for my wife, me and my daughter (unmarried, near retirement).  My wife and I are immediate relatives and was approved and immigrated to the U.S. in 2011.  However, my daughter is F4 category, she is waiting for her priority date, my questions are:

  1. Can my wife and I (as permanent resident status) petition for my daughter?  If it’s allowed, can transfer my son’s priority date to our petitions?

  2. After five year of permanent residence, if I naturalized and become citizen, can I apply for my daughter again?

  3. Above two choices, which one is better?

Dear reader:

  1. You and/or your wife can petition for your daughter under the F-2B category for unmarried daughter over the age of 21 of a permanent resident. However, you will not be able to transfer your son’s priority date to your petition(s).

  2. If you later naturalize after having submitted a petition under the F-2B category for your daughter, you can request an upgrade of your daughter’s visa category to F-1 1 for unmarried son or daughter over the age of 21 of a U. S. citizen. You would be able to transfer the F-2B category priority date.

  3. Your first 2 questions do not necessitate different courses of action, and are not contrary to each other.


Q&A 2.

Parents Who Just Immigrated Wonder Whether One of Them or Both of Them or Their USC Daughter Should Petition for Their 2 Sons.

An old reader asks:

I am over 70 years old and my wife is 10 years younger than me. We immigrated here (through our daughter’s application) last July and received the green cards.  Howerver, we still have two sons in South America.  Our oldest son is 40 and the young son turns 30 in March. My questions are the following:

  1. Should my wife or I petition of my two sons?  Or should my U.S citizen daughter apply for them?

  2. World Journal newspaper said the senate passed the new immigration law.  Will my sons lose the opportunities to immigrate?

  3. Will our young son who will turn 31 next March qualify?  Who should apply for him?

Dear reader:

  1. You and your wife are only eligible to apply for your sons if they are single and so I will assume for purposes of your questions that they are.  Then all 3 of you can apply for your 2 sons. If you and your wife both apply, the petitions would still go on even if one of you passed away. Your daughter’s petitions would give them another avenue to immigrate.

  2. Under S .744, the Senate bill for comprehensive immigration reform, your sons would not lose the opportunity to immigrate under either category so long as the petitions are filed before the beginning of the government fiscal year which starts at least 18 months after enactment of the new law, e.g., every government fiscal year begins on October 1st, so if the new law is passed by February 2014 for example, the fiscal year in which the changes would start would be FY 2016 which begins on October 1, 2015 and any petition would be preserved which is filed by September 30, 2015.

  3. Your son who is turning to 31 next March would qualify. If you wish, all 3 of you can petition for him.

 

Copyright © 2003-2013 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
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