Totally Wrong

The child of a LPR can apply GC under family-sponsored second preference. Check the Visa Bulletin, you will find that under 2A, the priority date for Chinese is backlogged to 2004. Therefore, it is a long wait to get the immigrant visa.

However, there is a K-4 nonimmigrant visa that allows the children of LPR to enter the U.S. After the child's entry, LPR parent can file I-130 and later I-485 when the visa number becomes available.

If the child is kept outside the U.S., it has to go through the consular processing after filing I-130 and the visa number becomes available.

One issue should be noted: LPR parent has to keep the LPR status. If LPR will stay outside the U.S. for more than 1 year, he or she shall file I-131 reentry permit. If betwen 6 months and one year, the alien has to overcome a rebuttable presumption that he has abandoned the LPR status.

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• 不需要遞交I-130 -ericnyc- ♂ (116 bytes) () 09/19/2008 postreply 07:05:05