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  • Filing petition Inquiry

    I have done my GC interview,gotten approved, and I received my passport back with the visa stamp inside so that I can travel. I was filed for by my USC daughter. However I have not traveled yet because I am spending a little more time with my children before I go. Can I petition for them even though I have not traveled as yet with the visa stamp as my proof of status when filling out the i130 form? I didn’t want to go the lawyer route as this is my only question and they are all charging $200-$400 for consultation.

  • #2
    No. You are not a permanent resident until you enter the US with your immigrant visa. Just having an immigrant visa does not make you a permanent resident. You cannot petition someone to immigrate as the child of a permanent resident if you are not currently a permanent resident. The earliest you can petition your children is the day you enter the US. After your immigrant visa is stamped with the entry stamp, it will serve as proof of permanent residency for the I-130s you will file for your children.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Alright Thank you so much for the reply

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