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Author Topic: Petitioning family members other than parents  (Read 4860 times)

Offline Gray Wolf

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Petitioning family members other than parents
« on: September 01, 2008, 04:54:49 AM »
GregW wrote:

I know this is off topic but you have piqued my interest and I couldn\'t find any other appropriate thread. How can your asawa petition for a niece? It is my understanding that only immediate family members can come to the US quickly, i.e. parents and children. Sisters, Brothers, nieces and nephews take at least a decade. Or so I have been led to believe. If there is a way, please elaborate as I would love to bring a niece or nephew over here.


Greg, you asked a very good question that is worthy of it\'s own topic. We may have a problem I wasn\'t aware of until now. I was under the impression that we would be able to petition our nieces or nephews to come and live with us and work here in the US. Now that I\'m beginning to dig deeper into this subject, I\'m finding that you may be right. I still have not found a definitive law that spells it out so that even an old redneck can understand.  ;D What I have found is that you can petition the parents or the siblings, no problem. But I\'m not seeing anything that will allow our nieces or nephews to be petitioned. Bummer.  :(  There is a Green Card \"lottery\", but the Philippines is not eligible to participate. Another bummer.  :( :(

So, now we\'re at a stalemate. If anyone can shed some light on this, it would be very much appreciated.

Bummed out in Kentucky :( :( :( :\'( :\'(
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline RUFUS

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Re: Petitioning family members other than parents
« Reply #1 on: September 01, 2008, 05:26:31 AM »
Maybe a suggestion???

We as individuals cannot petition family members to come here, but maybe start up a small corporation or nonprofit organization.
Then as a business you can bring over translators to help with your dealings internationally.
I believe work visas are easier to obtain if a legitimate need for skilled labor is required.

This is an idea I have been toying with, or maybe just a RUFUS pipe(beer bottle) dream, who knows...
SO SAYETH THE RUFUS

Offline coutts00

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Re: Petitioning family members other than parents
« Reply #2 on: September 01, 2008, 07:03:27 AM »
The only country in the world with less filipinos than the Philippines is the good ol US of A.
Wayne ;D ;D

Offline RUFUS

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Re: Petitioning family members other than parents
« Reply #3 on: September 01, 2008, 07:28:36 AM »
So you mean that every other country in the world has MORE filipinos than the Philippines?
Thats a lot of filipinos...
SO SAYETH THE RUFUS

Beatle

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Re: Petitioning family members other than parents
« Reply #4 on: September 01, 2008, 07:43:05 AM »
So you mean that every other country in the world has MORE filipinos than the Philippines?
Thats a lot of filipinos...

No Rufus, I believe what was meant is the opposite. The Philippines has the most Filipinos , the country with the next highest amount of Filipinos is the USA.

Ray

Offline GregW

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Re: Petitioning family members other than parents
« Reply #5 on: September 01, 2008, 08:01:34 AM »
Jack, here\'s what I have come up with from the USCIS website. Ya\'d better be sittin\' down \'cause ya aint gonna be likin\' it.

Nieces and nephews aren\'t even included. You may petiton for their parents, i.e. Glo\'s siblings but they fall under fourth preference and must wait for a visa number. This has always been my understanding. It would take many, many years to get them here. Once they are here and finally become naturalized then they can petition for their children, if the children are still under 21 years of age.

Our plan to do this didn\'t work out. Here\'s what we went with. Immediate family, parents and children under 21 do not have to wait for a visa number and may be petitioned immediately. With that in mind, we brought Mama over here. Plan was for Mama to stay 5 years, become naturalized, and then petition her two other daughters. After 5 years, two sisters naturalize and petition their children. It\'d take a while but we would get the whole famn damily over here. All went haywire when Mama grew tired of the US and returned to the RP after 2 years.

Anyway, here\'s the straight scoop from USCIS;

Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or
Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
Husband or wife, or
Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.


Source;

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD

Ako si Goyo. Amerikano akong lawas pero Bisaya akong kasing-kasing

Offline RUFUS

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Re: Petitioning family members other than parents
« Reply #6 on: September 01, 2008, 08:54:27 AM »
So it seems to me that the RUFUS small business plan may not be such a bad idea after all...
SO SAYETH THE RUFUS

Offline RUFUS

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Re: Petitioning family members other than parents
« Reply #7 on: September 01, 2008, 08:55:22 AM »
So you mean that every other country in the world has MORE filipinos than the Philippines?
Thats a lot of filipinos...

No Rufus, I believe what was meant is the opposite. The Philippines has the most Filipinos , the country with the next highest amount of Filipinos is the USA.

Ray

I know, I\'m not dumb... I was just messin with him...
SO SAYETH THE RUFUS

Offline Gray Wolf

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Re: Petitioning family members other than parents
« Reply #8 on: September 01, 2008, 11:21:19 PM »
So it seems to me that the RUFUS small business plan may not be such a bad idea after all...


Well, it might work, but I\'m having doubts after reading this:

http://tinyurl.com/yfyhsa

There are three basic classifications for Employment Visas; EB-1, EB-2 and EB-3.  The requirements for EB-1 state:

\"Aliens with extraordinary ability are those with \"extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.\" You must be one of \"that small percentage who have risen to the very top of the field of endeavor,\" to be granted this classification.\"

EB-2 requirements:

\"The EB-2 classification includes: aliens who are \"members of the professions holding advanced degrees or their equivalent\" and aliens \"who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.\"

EB-3 requirements:

\"* Aliens with at least two years of experience as skilled workers;
* Professionals with a baccalaureate degree; and
* Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the \"other workers\" category. The regulations for EB-3 workers are found at 8 CFR 204.5.

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor\'s Employment and Training Administration Website.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.\"



This really puts a damper on my plans for our nieces. I\'m going to be forced to do something else it appears. Major bummer.
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline BigBird

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Re: Petitioning family members other than parents
« Reply #9 on: September 01, 2008, 11:34:14 PM »
We helped 2 first cousins come to the USA. They are here now living the good life.

We hooked them both us with nice guys!  ;D

Lots of weddings was the only way we found. And now lots more happy couples!

Beatle

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Re: Petitioning family members other than parents
« Reply #10 on: September 01, 2008, 11:42:48 PM »
So you mean that every other country in the world has MORE filipinos than the Philippines?
Thats a lot of filipinos...

No Rufus, I believe what was meant is the opposite. The Philippines has the most Filipinos , the country with the next highest amount of Filipinos is the USA.

Ray

I know, I\'m not dumb... I was just messin with him...

 

  Sorry, I should have know better


Offline Gray Wolf

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Re: Petitioning family members other than parents
« Reply #12 on: September 03, 2008, 04:16:18 AM »
How do all the migrant farm workers get their visas?
Maybe 1 of these?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD


Rufus,

Yes, you\'re correct on this. However, this is for non-immigrant, temporary workers, not an immigration visa where someone can attain citizenship or remain long term as a legally registered alien and receive a Green Card.
Louisville, KY USA - Bagong Silang, Caloocan City, PH

stephenc100

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Re: Petitioning family members other than parents
« Reply #13 on: January 27, 2009, 12:41:54 PM »
Immigration is now working on applications filed in 1986 per an immigration attorney. :o So be prepared to wait 15 - 20 years unless you marry.

dyenne

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Re: Petitioning family members other than parents
« Reply #14 on: April 20, 2009, 11:25:19 PM »
Maybe there is a hope for your niece. I\'m not quite sure how to reference it but my husband just tell me his story. Here goes...His lola was being petitioned by his Aunt around the year 1990\'s. After providing all the needed documents and passing the interview. His lola was successful to get a visa. During that time, they were not aware that my husband can come with his lola since he was below 18 yr old when she leaves the Philippines the first time. All they have to do is to prove that his lola was his legal guardian during that time and he lives with her and she\'s the one who raised my husband. Actually raising him was true and his lola was his legal guardian during that time since his mother has another family already. From the link below, I read that they just need to secure a court order. Please see link: http://immigration.gov.ph//index.php?option=com_content&task=view&id=239&Itemid=37

Hope this helps, good luck :)