She could only petition for her child once she is an LPR, which means she has to have a plastic card.

She would be coming to the US on a visa, which is usually stamped in her passport.
Then she would apply for change of status to permanent residency, to which she will then get the Green card (plasic card).
After so many years (depending on her status) she then can apply for Citzenship.

One important thing I must mention, like someone said above, if she implies to any Immigration offical even before she moves over to the US that she has no intention of staying here, she could be turned down straight away because of that reason.
Of course that applies for petitions for an alien relative.

It seems what she really wants to do is bring her children over more for their sake than her own. Assuming that, she can bring them over as a lpr but it would take longer than if she was a citizen herself. There is another option. Since one of her children is a USC already they can sponsor the brothers or sisters themselves.

Davdah and all the others!!

Thank you for your responses. As far as I know, yes, she wants her kids to live in the US, she doesn't herself dreams of living in the US. But since she knows she's better say she has the intention of staying, otherwise she would be turned down. Now, she knows that the best is when she already has the actual card in her hand and then petition for her kids, but she heard it somewhere (and she wants to be sure of its vitiousness) that once she gets the stamp in her passport that says something as "I-155 work and live authorization approved" that she can already start the petition so it would be a bit faster than waiting for the actual card first and then petition. Her USC child is not 21 yet, only the two others are over 21, but they're still unmarried. Which one would be sooner as of thinking the application process? The mother is now willing to move to the US, but just wants to know if she can already petition once she got the stamp in her passport or only after the card has arrived? Because someone said to her that as soon as she gets the stamp in her passport then she's already in LPR status even though, the card would arrive later on by mail. Well, thank you for your further responses, I really appreciate it! Take care all!

This is what I've found over the internet, just right now, anyone can tell if this is true?

1. petitioner fills out form I-130
2. if approved, letter will be sent to petitioner as well as the the US Embassy (if the beneficary lives abroad)
3. form I-797 to fill out, and do all the other stuff they ask (medical papers etc.)
4. form I-485 fill out: AOS to permanent residence
5. get stamp in passport, later the card
6. local office fills out I-181 and stamps "temporary evidence of I-1551
This means you're a LPR from now on

--------------------------------------------

So then I assume that once someone gets the stamp in their passport they are already considered LPR, and can petition, can't they? Please, if this is not correct, let me know. I guess this is what the woman might have heard from someone. Thank you for your patience! God bless you all!

Jeanine,

Im a bit confused, the under 21 child is a USC. Who sponsored him/her?
You said that the woman lived her entire life outside of the US, so I am figuring out that the USC child was not born here.
Sorry not wanting to get into all details, but its a bit confusing.

How old is the under 21 child now?
I am wondering whether it would be quicker and easier to wait until they are of age to sponsor their mother.
The woman's father, he must be probably at least 80 yrs old now, would he be able to financially sponsor his daughter?

Its not just about who can come here via relatives, its also about whether the person sponsoring meet the financial levels to petition the alien.

If this is all about having her children having an opportunity to immigrate to the US, and she doesn't want to live here really, then it would be best for the USC child to wait to sponsor his/her siblings when she/he is of age. And of course can financially sponsor them.


I don't know what you mean about a stamp in the passport...I have not heard that one before sorry. I only know of a visa and alike in the passport. Maybe someone else can explain the stamp in passport.
LPR usually means you get a plastic card whether with conditions or without them (10yr).
I would have thought you would need the card as proof to send to USCIS when you sponsor someone anyway.

Sprintgirl,

The woman is about 60 years old now, andher family (her father and sisters and a deceased mother) all were and are USC, except the woman herself. The woman's USC kid was born in the US because the woman did travel a lot to the US to see her family and gave birth there for her third kid. The two older ones are over 21 now and were born outside of US. I don't know how old is the USC kid, but even if the kid was near to 21, she or he would probably never or at least not in the short time would be able to sponsor his or her sisters/brothers as a USC, so that's out of the picture, and that's why the woman (as a mother) would like to help her older than 21 years old children. The woman would get LPR thru her own father (who is the grandfather of the children) and then she plans to help her children to go to US. I never heard of the stamp before either, only from this woman, and then from this article that I wrote in above. Thank you for your reply and if you have any new idea or thoughts, glad if you share it! Take care!

quote:

Originally posted by Jeanine:
This is what I've found over the internet, just right now, anyone can tell if this is true?

1. petitioner fills out form I-130
2. if approved, letter will be sent to petitioner as well as the the US Embassy (if the beneficary lives abroad)
3. form I-797 to fill out, and do all the other stuff they ask (medical papers etc.)
4. form I-485 fill out: AOS to permanent residence
5. get stamp in passport, later the card
6. local office fills out I-181 and stamps "temporary evidence of I-1551
This means you're a LPR from now on

--------------------------------------------

So then I assume that once someone gets the stamp in their passport they are already considered LPR, and can petition, can't they? Please, if this is not correct, let me know. I guess this is what the woman might have heard from someone. Thank you for your patience! God bless you all!

Yes, when one gets I-151 stamp in the passport, it is the same as having GC. However, if she is petitioned for an immigrant visa by her father (the only way in this case), she wouldn't go through AOS (form I-485). She would become PR when she arrives into the USA, and will receive GC in the mail a few weeks later.

Most USCIS offices don't stamp passports any more anyway.

Aneri,

yes, you're correct she would not need to file the form I-485. But she would still need a stamp in her passport, or some sort of paper that would let her IN the States because she wouldn't get her card right away. And where would her card arrive? To the address that was given on the I-130 form as "address where beneficary intends to live" or where it is asking for the beneficary's address (which can be an address abroad as it even says on this form)? Just because if she stayed in her overseas address waiting for the card to arrive which will then turns out that will arrive to the US address then she can wait for years if not decades. But if she would get it on her overseas address, then she wouldn't need a stamp anyway to enter US, because then she would just sit at home, having her hands on her lap and just wait, and wait till she gets the card. So, if they don't stamp her passport then what is the EXACT point when she could start her petition (before the actual card that arrives)?:/ A bit confusing....I guess....lemme know if you didn't catch something.....typing too fast and too lazy to read over my comment. Thank you for your answer tho!

doesn't work that way:...after the interview at the consulate in her home country (based on approved I-130), she receives an immigrant visa. When she enters the USA with that immigrant visa, she becomes PR. As a part of inspection at POE, immigrant officer orders the GC that will be sent to the USA address.

Before one can act as a sponsor, he/she has to have a domicile in the USA.

Aneri,

Thank you!! now, I guess the process is clear. So, you say that if her I-130 gets approved and she sent all the stuff they're asking for in her homecountry (medical papers, relationship stuff and whatever they're asking) then she gets a stamp of some sort of paper (so she wouldn't have to apply to any visa while entering the States)which indicates that she is becoming a PR, right? So then she enters the border, and she will get her actual card on the address where it was filled out as "address where beneficary intends to live"? And if she lives already in the States, but has not got the card yet, she can already petition for her relatives, correct? Thank you for replying again! I'll leave you alone after I got the answers to these questions for a final clarification. And I'm really grateful for you and everyone who help on here! Thank you!

after the succesful interview, she'll get a visa-sticker in her passport. Just like for a tourist visa, but it will instead say "immigrant visa". At POE, she will be processed as an immigrant, her passport will be stamped with the date of addmission and a notation. Now, I've never seen a notation in the passport in such case, but I assume it would say: admitted as LPR. GC is mailed within weeks.

Before your friend makes definate plans, she should be aware that if her parents petition her, it will take years before she'll get an immigrant visa:
Unmarried son/daughter of USC: 6 years (Mexico 16 years, Philippines 15 years)
Married son/daughter of USC: 8 years (Mexico 19, Philippines 22)
When she petitiones for her children (as PR or USC), it will take many years before the children can immigrate. Minimum 15 years from now.
This is based on current processing times.

Aneri,

Ok, thank you very much, I will tell her all this, even the processing time! And thank you again! Now, it's all clear, and I guess I will be able to explain her all the stuff, and give definite answers as well as lots and lots of details. Thank you again, and can I rely on you later on if for some reason she or maybe I will ever have something questionable? Thank you again! Have a nice week!

sure.. you are welcome.

quote:

Most USCIS offices don't stamp passports any more anyway.

Must be a policy change. The Memphis (Tenn.) office had been doing it as late as 2005. In fact, we were instructed to make a special trip out to Memphis when our I-751 joint petition got approved....solely to get the passport stamped (and to get photographed for the 10-year card).

If USCIS stopped stamping passports, are they providing temporary proof of legal status as a separate card, then?

Well, as Aneri said above, they're probably giving out a so-called "visa-sticker" instead of stamping passports. You know things do change quiet fast nowadays...

When I say "visa-sticker" I mean a visa given at a consulate. That's not the same as passport stamp given by USCIS as a proof of one's legal status in the USA.
Teletype, it varies from one local office to the other. Most wan't stamp the passport after the succesful AOS interview as GC follows soon.

quote:

Posts: 947 | Registered: March 10, 2006

Aneri,

You're just great helping people!!! God bless you!! And thank you!