ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: "HAITI " URGENT Questions?

  1. #1
    I just picked up my 17 year old little brother from Haiti. He got a B2 Visas for three months to visit USA. He will not be going back to Haiti, given the current situation or at least for a long time until things get better.

    His father is a US Resident. He filed the I-130 petition for his mother and put him in the application as their child. However, a separate petition was not filed on his behalf; he will be considered as a derivative under his mother since he is less than 21 years old.

    The Petition's approved date is May 2008. I know if he reaches 21 year old in 2013, he would not be able to obtain his green card under his mother's petition since he will be too old. Is that True? In addition, will i be able to appeal it? What other ways?

    Will it be better to file a new petition for him now, which would take about 5 years? Or should I just leave him under his mother's petition and hopefully he will get it in two years when his mother gets hers?

    Can i apply for a change of status for him under the current I-130 petition or a new I-130 petition (if needed), as to allow him to work, while he will be waiting for his Green Card?

    Thank You.

  2. #2
    I just picked up my 17 year old little brother from Haiti. He got a B2 Visas for three months to visit USA. He will not be going back to Haiti, given the current situation or at least for a long time until things get better.

    His father is a US Resident. He filed the I-130 petition for his mother and put him in the application as their child. However, a separate petition was not filed on his behalf; he will be considered as a derivative under his mother since he is less than 21 years old.

    The Petition's approved date is May 2008. I know if he reaches 21 year old in 2013, he would not be able to obtain his green card under his mother's petition since he will be too old. Is that True? In addition, will i be able to appeal it? What other ways?

    Will it be better to file a new petition for him now, which would take about 5 years? Or should I just leave him under his mother's petition and hopefully he will get it in two years when his mother gets hers?

    Can i apply for a change of status for him under the current I-130 petition or a new I-130 petition (if needed), as to allow him to work, while he will be waiting for his Green Card?

    Thank You.

  3. #3
    You can apply for adjustment of status when his visa number is up. However, he will be denied for fraud, as it appears that he obtained a B-2 non-immigrant visa in order to avoid waiting in Haiti for his immigrant visa.

  4. #4
    Nothing was filed for him directly, there is no fraud at all. Otherwise he would have not been able to get the visas.

    Tell me more about the adjustment of status.


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    You can apply for adjustment of status when his visa number is up. However, he will be denied for fraud, as it appears that he obtained a B-2 non-immigrant visa in order to avoid waiting in Haiti for his immigrant visa. </div></BLOCKQUOTE>

  5. #5
    Wrong, the fraud is entering on a non-immigrant visa with the intent to remain in the U.S. That is the fraud. You just stated that you got a B-2 visa for your brother and that he had no intention of returning. That is an intending immigrant. He lied when he obtained the visa and when he entered the U.S. claiming he was a visitor.

  6. #6
    Jeez fedNUT do you ever watch the news??? He's hardly going back to Haiti for a while!
    He probably has no home to go back.

    He could certainly apply for TPS right now which will give him 18 months here I think and he could work with that.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  7. #7
    He cannot apply for TPS. He came here after January 12. He is not eligible for that.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
    Jeez fedNUT do you ever watch the news??? He's hardly going back to Haiti for a while!
    He probably has no home to go back.

    He could certainly apply for TPS right now which will give him 18 months here I think and he could work with that. </div></BLOCKQUOTE>

  8. #8
    TPS only applies to those here at the time of the earthquake, not afterward.

    And it only affected Port Au Prince, the rest of the country was unaffected. In any event, he was planning to come here to live forever, not flee the earthquake.

    Even a Hatian is smarter than you, you chav.

  9. #9
    TPS, is not applicable in this situation, he came to the state after January 12.

    TPS applies for any Haitian regardless of location as long that individual was in the state since January 12.

    Can somebody answer all my questions, please, especially about applying for work authorization.
    Can that happen right away...

  10. #10
    You can apply, but as I said, it will be denied for fraud. You cannot use a non-immigrant visa to avoid the immigrant visa process.

    In any event, his age was frozen as he is on his mother's application.

    But he is still an illegal alien, since he entered the U.S. by fraud, claiming he was a non-immigrant, but is actually an intending immigrant.

    If he wants to immigrate legally, just go back to Haiti, or just leave the U.S., and wait for his mother's petition number to come up.

Similar Threads

  1. TPS for Haiti
    By Hopeful1981 in forum Immigration Discussion
    Replies: 12
    Last Post: 05-17-2010, 07:54 PM
  2. HAITI TEMPORARY RELIEF
    By HAITI_IN_MY_MIND in forum Immigration Discussion
    Replies: 5
    Last Post: 01-17-2010, 04:26 PM
  3. TPS-Nurse / Haiti
    By May G in forum Immigration Discussion
    Replies: 4
    Last Post: 10-22-2004, 04:36 PM
  4. TPS - Nurse / Haiti
    By May G in forum Immigration Discussion
    Replies: 1
    Last Post: 10-22-2004, 10:08 AM
  5. Spouse from Haiti- Form?
    By paulp in forum Immigration Discussion
    Replies: 2
    Last Post: 10-16-2003, 03:51 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: