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My neighboor is a resident and wants to apply for her son that lives in Cuba. But she doesn't know if Legal Residents can do this.

2007-12-10 12:37:12 · 8 answers · asked by xiomi 1 in Politics & Government Immigration

8 answers

She can apply for him as long as her son is either under 21 or over 21 but unmarried. She need to file a petition the Form I-130 Petition for Alien Relative for him. Upon I-130 approval, he will be given Priority Date (PD) and only when his PD comes current, he can file the Form I-485 Register to Permanent Residence or Adjustment of Status with I-765 Employment Authorization Document, I-131 Advanced Parole (Travel document). You can check when his PD come current at the Department of State Visa Bulletin at http://travel.dos.gov/visa/frvi/bulletin.
As of today, PD for Family-Based (FB) Second Preference A. Spouse, Children is 15JAN03 and B. Unmarried Sons and Daughters current PD is 15OCT98 for the rest of the world (ROW - meaning anywhere but China, Mexico, Philippines). Whoever applied and got PD on of before those dates can apply for the green card. As you can see, it will be a long wait for him to even apply to the green card.
Good luck!

2007-12-10 13:59:29 · answer #1 · answered by pianojangee 7 · 0 0

A legal permanent resident can petition for unmarried sons and daughters. So if her son is single, then she can petition for him. At the moment, those beneficiaries on petitions that were submitted on 15 OCT 1998 are being issued visas now.

As you can see, it's taking about nine years for the visa process to finish once the petition is filed. It's long wait.

edit--Hey, pianojangee, the guy's in Cuba. He isn't going to apply for adjustment of status!

2007-12-10 13:56:21 · answer #2 · answered by Fred S 7 · 0 0

Turning 18 won't make any difference in legal status. If the immigrant maintains to be interior the U. S., he or she destructive aspects deportation and a 10-3 hundred and sixty 5 days ban on reentry. If the immigrant has a youthful sibling who's a US citizen, that sibling can petition for the guy to immigrate legally whilst the extra youthful sibling turns 21. The immigrant can't alter status interior the U. S.. he or she would be waiting to might desire to return to the abode united states of america and document.

2016-11-14 09:21:23 · answer #3 · answered by ? 4 · 0 0

Yes it is called sponsoring. in her case it could also be a family regrouping. She needs to ask the INS about it and they will direct her towards the best way. She will however be responsible as the sponsor for everything from housing to making sure he lives a law full life in the US.

2007-12-10 12:57:51 · answer #4 · answered by caliguy_30 5 · 0 1

It takes time but can be achieved and will Cuba let him leave is also another matter to consider

2007-12-10 13:51:57 · answer #5 · answered by Anonymous · 0 0

Yep, she can. She must file an I-130. There is a waiting list so she should file as soon as possible.

2007-12-10 12:48:56 · answer #6 · answered by Ellis Wyatt 5 · 0 1

she will find out when she applies

2007-12-10 12:40:48 · answer #7 · answered by deejayspop 6 · 0 1

yes she can

2007-12-10 12:43:04 · answer #8 · answered by Anonymous · 0 1

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