Bringing Married Sons Daughters to USA - - - Any experience

[ML]

Once the immigrant spouse has US Citizenship, they can begin the process of bringing Married Sons and Daughters (and their spouses and children) to USA.

This is called the Third Preference category.

In my reading, it appears there is an approximate 11 year waiting period before immigration authorization is received for this category.

Does anyone have any experience with this?

Note: This Third Preference is completely different than preference categories for Unmarried Sons and Daughters and for Sons and Daughters under age 21.

[krimster2]

you are correct, wait time is enormous, alternative is a tourist visa and overstay, millions of Mexicans do it,  why not Ukrainians?

[BillyB]

This is called the Third Preference category.

In my reading, it appears there is an approximate 11 year waiting period before immigration authorization is received for this category.

Does anyone have any experience with this?

Third preference does take a while. I've dated a few FSU women and know a few FSU people. If they can get their family members here on a tourist visa first, they will do so. They will then have their family members overstay their tourist visa but as long as they submit the proper paperwork to adjust their status, they can't be deported. Surprisingly, most do not use immigration attorneys to accomplish this.

[ML]

Third preference does take a while. I've dated a few FSU women and know a few FSU people. If they can get their family members here on a tourist visa first, they will do so. They will then have their family members overstay their tourist visa but as long as they submit the proper paperwork to adjust their status, they can't be deported. Surprisingly, most do not use immigration attorneys to accomplish this.

Billy, you are reporting false information again.

There is no Adjustment of Status procedure available for anyone other than for a spouse and a child.

You know there will always be a form required to do anything with US Government.  So please refer us to the form that you think 'family members' can use to Adjust Status from an overstay in USA.

Look at Form I-485 and its instructions.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[BillyB]

Billy, you are reporting false information again.

If you don't want to believe the truth, it's not called false information, it's called denial.

So please refer us to the form that you think 'family members' can use to Adjust Status from an overstay in USA.

Look at Form I-485 and its instructions.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Yes, look at From I-485 and READ who's eligible. READ 1.b A person may file I-485 with a completed relative petition. Did you ask yourself what is a relative petition? A relative petition is an I-130. Read the links below. A person may file an I-130 for married sons or daughters of any age. Bingo! AOS can happen to a person who is here on a tourist visa if their relative is a citizen or lawful permanent resident.


http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf


http://www.uscis.gov/sites/default/files/files/form/i-130.pdf


I know women who have overstayed their own tourist visas and petitioned to stay and become legal here without having to leave the country. Then they do it for their family members after their family members get here on a tourist visa but the key is they must apply for AOS before the tourist visas expire. ANYTHING is possible and be a little nicer to those who are trying to help you avoid the 11 year waiting period unless you are determined to get things done the hard way.

[BC]

Billy, you are reporting false information again.

There is no Adjustment of Status procedure available for anyone other than for a spouse and a child.

You know there will always be a form required to do anything with US Government.  So please refer us to the form that you think 'family members' can use to Adjust Status from an overstay in USA.

Look at Form I-485 and its instructions.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

ML,
Your post stated "Once the immigrant spouse has US Citizenship, they can begin the process of bringing Married Sons and Daughters (and their spouses and children) to USA.

This is called the Third Preference category."

Billy may well be right.  See:

1)  Visa Overstays May Be Able to Adjust Status if: they are the spouse of a U.S. Citizen, a parent of an adult (over 21) U.S. citizen, or child (under 21) of a U.S. Citizen. This class of immigrant may have the option to adjust status in the U.S. without having to return to their home country for any step in the process, notwithstanding unauthorized employment or overstaying their authorized period of stay in the U.S. - See more at: http://www.usavisacounsel.com/articles/options-to-adjust-status-in-the-u-s-for-the-undocumentedoverstay-%E2%80%93-what%E2%80%99s-left-2.htm#sthash.2CUGmidj.dpuft

I guess the main question might be how old the son or daughter is..  I would think visa applications for a B1/B2 visa where the child is under 21 likely receives a little extra scrutiny.

OTOH you titled this thread "Bringing Married Sons Daughters to USA" which might be a different scenario than what Billy is talking about.  Sure the child of the USC might be able to work things out and overstay, but the spouse of that child (who is not a USC) might have a more difficult time of it.

You both might be correct in general terms but maybe need to consider the specific case involved in your query.

[BillyB]

1)  Visa Overstays May Be Able to Adjust Status if: they are the spouse of a U.S. Citizen, a parent of an adult (over 21) U.S. citizen, or child (under 21) of a U.S. Citizen. This class of immigrant may have the option to adjust status in the U.S. without having to return to their home country for any step in the process, notwithstanding unauthorized employment or overstaying their authorized period of stay in the U.S. - See more at: http://www.usavisacounsel.com/articles/options-to-adjust-status-in-the-u-s-for-the-undocumentedoverstay-%E2%80%93-what%E2%80%99s-left-2.htm#sthash.2CUGmidj.dpuft

Violating the tourist visa adds more restrictions on who can adjust status but if one adjusts status before the visa expires, those violation restrictions don't apply to those with valid visas which would allow more relatives to qualify to adjust status. Married sons or daughters of any age qualifies to adjust status since they qualify for the I-130 and a completed I-130 is what the I-485 is asking for according to it's requirements.


While the AoS process is taking place, of course everybody's visas will expire before the process is complete but that does not void the application and change the rules on who's eligible nor will our government deport a person with an expired visa as long as their paperwork to adjust status is in the system.


It's possible various FSU women and people over the years have come together and said "there's a guy named BillyB that is going to cross our lives in the future so let's agree to tell him the same false info about how to get relatives in America the easy way." but I doubt it. I've crossed immigrants over the years with stories on using the tourist visa to get various family members America quickly and adjusting status right away. Everybody has the same story on how they got it done so it's safe to conclude, it can be done. If people who's primary language isn't English can get it done, we should be able to get it done.


If a "married son or daughter", their spouse, and their children under 21 can apply for a tourist visa now, they could get it and arrive next month, and then live in America forever legally following the proper steps. The other option is to wait outside the country approximately 11 years.

[ML]

Billy, yes you are right that the first step is to file  the I-130 for the relative.

But then this filing follows the rules of are they immediate family or one of the other preference categories 1-5, etc.

This is where the married sons and daughters get classified into the 11 or more year wait category.


And as BC wrote:  Billy may well be right.  See:

1)  Visa Overstays May Be Able to Adjust Status if: they are the spouse of a U.S. Citizen, a parent of an adult (over 21) U.S. citizen, or child (under 21) of a U.S. Citizen. This class of immigrant may have the option to adjust status in the U.S. without having to return to their home country for any step in the process, notwithstanding unauthorized employment or overstaying their authorized period of stay in the U.S. - See more at: http://www.usavisacounsel.com/articles/options-to-adjust-status-in-the-u-s-for-the-undocumentedoverstay-%E2%80%93-what%E2%80%99s-left-2.htm#sthash.2CUGmidj.dpuft

Yes, that is exactly what I have said.  The AOS is only available for the limited categories listed above.

But Billy is very  wrong when he infers that practically anyone can arrive on a tourist visa, overstay and then successfully go through an AOS process to become legal.  Only the spouse, parent and child of US Citizen can do that.  And child is defined narrowly to exclude those over 21 or those married at any age.

Yes, they can file the I-130 at any time while they are outside the USA . . . and then begin the waiting process . . . outside the USA . . . and can visit USA on tourist visa . . . but can never do an AOS within USA.

Are there exceptions.  Yes of course.  You  can come in through Mexico, even get a drivers license in some states, probably get a SS card and live and work here illegally and hope that a President gives executive order preventing your deportation or that congress enacts law to do the same.  In the meantime, you will probably not ever have a good nights sleep or enjoy your daily life, and will be excluded from many jobs, and other activities.

[ML]

Violating the tourist visa adds more restrictions on who can adjust status but if one adjusts status before the visa expires, those violation restrictions don't apply to those with valid visas which would allow more relatives to qualify to adjust status. Married sons or daughters of any age qualifies to adjust status since they qualify for the I-130 and a completed I-130 is what the I-485 is asking for according to it's requirements.

Billy, you are still wrong.

Yes, the first step is to complete the I-130.
But upon submitting  the I-130, the USGovernment assigns the person to the relevant category.

The relevant category for married sons and daughters results in the 11 or more year wait category.

The I-485 does not just simply require a completed I-130.
It requires a priority number.
Only the spouse and child get an immediate priority number.
Other family (except parents of Citizens, not in-law parents of Citizens) won't get a priority number for 11 years or more.

[ML]

And Billy, here will be a chance for you to test out your ideas.

The next time your MIL comes on a tourist visa, you try to file the AOS for her.

Better question, why haven't you already done this?

Yes, after you wife becomes US citizen (maybe she is already), she can file for her mother.

But tell us now why you haven't already done this for your MIL,  or tell us the results if you do try it.  OK

[BillyB]

Billy, you are still wrong.

Look, if the married son or daughter and their family is related to your wife and you really don't want them to be moving in to your house anytime soon, just tell your wife the 11 year option is the only way to go but I'm not wrong. It is possible you could have your in laws moving in permanently next month if they get accepted for a tourist visa.

Yes, the first step is to complete the I-130.
But upon submitting  the I-130, the USGovernment assigns the person to the relevant category.

The relevant category for married sons and daughters results in the 11 or more year wait category.

So what if the US government assigns the person to a category? The 11 year wait is only for those who are outside the country. If the person is IN country while adjusting their status, they can legally stay while the paperwork is processing even if their visa is expired. Our government would actually consider them higher priority than those living outside the country and give them work permits sooner than 11 years so they can be productive instead of leaches.

And Billy, here will be a chance for you to test out your ideas.

The next time your MIL comes on a tourist visa, you try to file the AOS for her.

Better question, why haven't you already done this?

Yes, after you wife becomes US citizen (maybe she is already), she can file for her mother.

But tell us now why you haven't already done this for your MIL,  or tell us the results if you do try it.  OK

When and if my MIL wants to live in America permanently, I will use the methods I'm recommending here. I'm not going to wait/waste a half dozen or dozen years to accomplish what can be done in a month.

[BC]

It seems my attempt to defuse went awry.... par for the course I guess. LOL

BillyB, I think ML is seeking advise from those with direct experience... obviously you nor I need apply..
ML, BillyB is just saying anything might be possible once whatever relative might be 'in country'.. and yes he may be right depending on a bunch of circumstances..

Oh well.. carry on..

[Gator]

Billy,

I suggest you not vote for Trump considering his immigration plan.  BTW, I have no experience.  I have heard from others it takes 10 years or so.

[BillyB]

I think ML is seeking advise from those with direct experience... obviously you nor I need apply..

ML has asked for info pertaining to bringing over relatives before. He has not liked my answers in the past. Note earlier he said I'm providing misinformation again? I do not know who he's gathering this info for but if he's determined to get things done or help someone else get things done with the least amount of hassle and time and done legally, he should take my advice. It's easy to verify my advice that one can adjust status for relatives on a valid tourist visa. Even you posted a link showing certain relatives in violation of their visas qualify to adjust status and live in America permanently. ML can spend a few hundred bucks and sit down with an experienced immigration attorney to learn what he can or can't do. He can show the attorney form I-485 and verify he can adjust status for married sons or daughters, their spouse, and children under 21 as long as he meets it's requirements of completing form I-130 which states sons or daughters of any age qualify and can immigrate. Then he can ask the attorney if he starts this process while his wife's relatives are IN country on a tourist visa, can he complete process without breaking laws since the tourist visas will eventually expire. Of course they can. If our government takes our application money and begins the process, they will not deport those who are waiting for a decision. If a person leaves the country while their paperwork is in the system, they will have to wait years before being allowed back in. Every person who have told me they've done this doesn't have English as their first language and didn't use an attorney. If they can figure it out, we should be able to figure it out.

Billy,

I suggest you not vote for Trump considering his immigration plan.  BTW, I have no experience.  I have heard from others it takes 10 years or so.

Like most guys who apply for president and become president, Trump is going to learn many of his ideas aren't practical, won't apply them, and his voter base will be disappointed. Immigrants always were and still are an important part of this countries industrial growth. When many businesses, including Trump's hotels, find they are lacking workers, Trump will go into panic mode. I was in Vegas recently. Each time I'm there, I notice more immigrants working hotels than the previous time. He should make slow gradual changes but not make unsound decisions like Obama did when pulling all troops out of Iraq just to please his voter base.


Getting relatives over here on a tourist visa may seem illegal and unethical but our government allows it so in my opinion, it's all legal and if one isn't sure, they can get an immigration attorney to hold their hand during the entire process. Why would our government allow people to adjust status on a tourist visa? You never know when that millionaire or billionaire tourist wants to call America his home right now. Sure we'll take them and their money but we can't discriminate so we have to allow poorer tourists, like our in laws, to use the same process too.