Can family member,daughter,son who has Green Card apply for their mother,sister and how soon will she get it

Question

It's another question about a green card. My family,me ,my husband, my two daughters have green cards,but as i said earlier we had to go back to our home country.We are not financially capable to cover our air fares and etc.etc. What will happen if just one of us goes there and keeps his green card will he/she be able to apply for the others and what do you think how long it will take ?

And thank you George for your previous answer. About the return resient alien visa , is it difficult to get it? What about a student visa, what is needed for a visa? if my daughter decides to study there, and before that loses her green card.

Thank you again

Answer 1

Happy to help.

Well, if you or your husband goes back to the US before losing your green card status, then that person could file again for the rest of you, but it would take 5 years for the petition for the family to become valid unless you or your husband became a US citizen while waiting. Your children couldn't file for you and your husband until they were a US citizen, and over 21, and even then if they had to file for the other daughter, that would take a minimum of 11 years, so that wouldn't work particularly well for the rest of you.

As for returning resident visas, it depends on the circumstances that caused you to remain overseas as to how hard it would be to get. Running out of money to pay for the tickets wouldn't normally be an acceptible reason.

Only foreigners applying for 9th grade and above can be considered for student visas. high school students can only attend a public school for one year, although they could attend a private high school for 4 years. First they'd have to be accepted and get the school to send them an I-20 student form and register them in the SEVIS database and then apply for the visa, but it might be possible.



      

Answer 2

if you or your husband stay in the u.s. and the others should lose their status by staying out of the u.s. for more than one year, the you or your husband could file for the others again but it will be about 5-7 year wait. it would be much wiser if the family could arrange to come back separately or together. your daughter can study in the u.s. with her current green card, why trade that in for a student visa?

Answer 3

As a LPR you can apply for your spouse and unmarried children of any age but not for any other relatives.

As for the student visa, first you need to verify that the school that you are interested in having them attend are allowed to accept internation students through the immigration and customs enforcement website.  The once the school accepts the student, the School will issue the student a I-20 which will allow the student to pay the non-immigrant student fee (using form I-901) and apply to receive the F-1 Student Visa.

A LPR can remain outside the US for upto one year without loosing her status unless she has a re-entry permit.