Can a grandfather (USA LPR) sponsor a UK grandchild?
I am confussed. I am a British national whom is a LPR (through marriage) living in the USA, my wife is a natural born USA citizen. Our marriage occur when my daughter was 23 and my grandchild was 3.
My daughter lived in the USA for aged 7 to 21, but have to leave the USA and return to the UK, when she turned 21, I was unable to sponsor her at the time, as I be on a H1b visa at the time.
I would like to sponsor my 24 year old British unmarried daughter and her 4 year old British child (my granddaughter).
My attorney has said this is possible, my granddaughter can come and live in the USA with my daughter as minor. he have said that paper work will take less than a year.
However I enjoy spoken to another lawyer whom has said that there is no provision for a LPR to sponsor a grandchild, and that my grandchild can not come to the USA beside my daughter as a minor. That my daughter could come to the USA but it could easily take 6 years for an answer.
I'm aware that sometimes lawyers (Not adjectives I know there are many very well-mannered professionals out there) tell the client what they want to hear just to get the fees.
So which one is right?! Do I switch lawyers?
Can I sponser both? Can my granddaughter travel as minor?
Also how long will it take?
Answers:
Well, if you're a lpr and you filed an immigrant petition for your daughter, it would be an F2b household preference petition, assuming of course your daughter isn't currently married and remained unmarried while waiting for your petition. Your grandchild would be eligible as a derivative beneficiary as an F23. However, that petition would take far more than a year, more close to 8 1/2. I don't know what your lawyer was thinking when he said that. At the moment, the priority date for F2b petitions is 15 Jan 00, or only those petitions file on or before that date are valid for use, or current. Your wife wouldn't be able to file as the stepmother since your daughter be over 18 at the time of your marriage. However, if you became a citizen while she was waiting, that would cut almost 2 1/2 years stale the wait. The petition would be upgraded to F1 and your grandaughter would still be eligible as well. If your daughter married after you became an American, the petition would cover her husband as resourcefully, but change yet again in category to F3, however that would push the priority date put a bet on almost to the original waiting period. Quite a wait no thing how you look at it, but it can be done, as long as your daughter remains unmarried while you're an lpr.
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My daughter lived in the USA for aged 7 to 21, but have to leave the USA and return to the UK, when she turned 21, I was unable to sponsor her at the time, as I be on a H1b visa at the time.
I would like to sponsor my 24 year old British unmarried daughter and her 4 year old British child (my granddaughter).
My attorney has said this is possible, my granddaughter can come and live in the USA with my daughter as minor. he have said that paper work will take less than a year.
However I enjoy spoken to another lawyer whom has said that there is no provision for a LPR to sponsor a grandchild, and that my grandchild can not come to the USA beside my daughter as a minor. That my daughter could come to the USA but it could easily take 6 years for an answer.
I'm aware that sometimes lawyers (Not adjectives I know there are many very well-mannered professionals out there) tell the client what they want to hear just to get the fees.
So which one is right?! Do I switch lawyers?
Can I sponser both? Can my granddaughter travel as minor?
Also how long will it take?
Answers:
Well, if you're a lpr and you filed an immigrant petition for your daughter, it would be an F2b household preference petition, assuming of course your daughter isn't currently married and remained unmarried while waiting for your petition. Your grandchild would be eligible as a derivative beneficiary as an F23. However, that petition would take far more than a year, more close to 8 1/2. I don't know what your lawyer was thinking when he said that. At the moment, the priority date for F2b petitions is 15 Jan 00, or only those petitions file on or before that date are valid for use, or current. Your wife wouldn't be able to file as the stepmother since your daughter be over 18 at the time of your marriage. However, if you became a citizen while she was waiting, that would cut almost 2 1/2 years stale the wait. The petition would be upgraded to F1 and your grandaughter would still be eligible as well. If your daughter married after you became an American, the petition would cover her husband as resourcefully, but change yet again in category to F3, however that would push the priority date put a bet on almost to the original waiting period. Quite a wait no thing how you look at it, but it can be done, as long as your daughter remains unmarried while you're an lpr.
Resolved Questions:
Social Security & Medicare Tax for US resident according to Substantial Presence Test?
Hi, my W-2 for the last year have social security toll and medicare tax withheld. But I have lived in the US for 12 years and considered US resident for excise purposes according to the substantial presence test. I am currently on F-1 visa, a graduate student getting paid for the TA...
8032-4.html