She's getting deported 😕

@Meisje Somerhing is off here. If her parents are citizens, no reason why she should not be allowed to stay in the US legally. This is the current immigration law, until Trump changes it

@Northwest There's a specific number of second preference visas granted every year. If you're not lucky then you don't get the visa. That's how it goes. 🤷

@Northwest She was still on the waiting list when she left for Japan. Her parents got their citizenship first.

Neither of her parents are American, so that changes things I think. I'm not sure of the logistics of it, but her parents became citizens a few years ago. By that time she was over 18 and independent. Her brother is also in his early 30s. So I think if they were under the age of 18 the situation would've been different. But do not quote me. It could also be that they applied for citizenship at different times.

@UndeadPrivateer yes, but you are not kicked out, while the app is getting processed. I don’t know what you mean by second preference, but she has the highest priority as a child of a US citizen

@Meisje as long as she is not married, it should not make a difference, and it doesn’t matter when her parents became American.

@Northwest Her parents got citizenship when she was 23. At that point the only way to stay in the US was to get a job where the company sponsored her to stay in the country. She did not get one so she moved to Japan because her Visa was going to expire. Her brother had to do the same, so he moved to Canada (the French speaking part).

@Meisje @Northwest A lawful permanent resident can sponsor a child under 21 for an F2A or if they're over 21 an F2B. F2A and F2B mean a second preference visa and it refers to the number and order in which they are granted. Lower priority visas get less and are processed less quickly.

While you're not kicked out of the country while your application is being processed, it drastically reduces your rights and can basically make you unable to secure a stable living situation. Especially for any kind of well paying position, most employers are not willing to deal with the risk of a pending visa application where they may suddenly lose their new employee and would rather hire citizens. This is not a novel situation in the immigrant community, it happens all the time.

@Northwest Maybe I'm wrong, but I'm just explaining what she told me. Maybe she has the process wrong. But regardless she had to leave the country before she was essentially kicked out.

@UndeadPrivateer Thank you for explaining! Well done :)

@UndeadPrivateer Immediate Relative: if she's under 21, it's an IR2.

She's over 21, and unmarried, child of a citizen = F1 (Family Preference One). Is wait time for F1 shorter than F2B, the answer is, it depends on the specific case.

In any case, there may be other issues here, that we're not aware of.

I don't know about reduction of one's rights. While the app is being processed, your are not an illegal immigrant, and have the same employment rights as US citizens and LPRs. Exception might be jobs requiring certain security clearances. In that case, even if you are an LPR (lawful permanent resident, or green card), it would be an issue, because the job requires US citizenship. Most jobs don't have this requirement.

@Northwest IR2s are for US citizens, not permanent residents. Different things. Meisje specifically said her parents were only citizens once she was 23. There was also mention that the only viable option to her was seeking out an employer sponsored visa, which is a whole other can of worms.

[quote]Let’s say you are in the U.S. with H-1B status and, while awaiting a USCIS decision on your I-485, which was pending less than 180 days based on an approved I-140 from Employer A, you start working for Employer B. Your new employer files a new employment-based I-140 application for you. What’s worse, you have reached the end of your H-1B six-year maximum, and no longer qualify to extend it while your new petition is pending. Your green card application will likely be denied. You cannot, after all, adjust status unless you are already in status. If you were to remain in the U.S. after your H-1B had expired, you would have “overstayed” your period of authorized stay and be in the U.S. illegally.[/quote]

The same worker rights, eh? Do you have to provide work authorization forms which need updating every 240 days? 90 if your applications are delayed by the federal government, which is not uncommon? With the only guarantees if they lapse being put on indefinite unpaid leave and likely only if you can manage to secure a union job? Are you locked into a single job with no options to switch without putting your legal immigration status in jeopardy? Those don't sound like identical rights to me.

@UndeadPrivateer I mentioned IR2, for completeness. It's not clear when her parents applied for her, and this is why I mentioned F2B. If they filed, when they were LPRs, then she would have been an F2B, when they became citizens, her status would have changed to F1, but they can ask for an exemption to keep her an F2B, if the specifics of the case mean a faster granting of an LPR status.

An I-130 (family), is not the same as an I-140 (employer). As in, the parents filedd an I-130, which does not expire like an I-140, and has no 6 year maximum. I've hired quite a few people under H-1B, but this is not it.

@Northwest 🤦 Reading comprehension, man.

[quote]She left France at the age of 5 and moved to the USA, she went to uni there are after 20 years they still didn't grant her citizenship.
-Meisje[/quote]

[quote]Her parents got citizenship when she was 23. At that point the only way to stay in the US was to get a job where the company sponsored her to stay in the country. She did not get one so she moved to Japan because her Visa was going to expire. Her brother had to do the same, so he moved to Canada (the French speaking part).
-Meisje[/quote]

[quote]There was also mention that the only viable option to her was seeking out [u]an employer sponsored visa[/u], which is a whole other can of worms.
-UndeadPrivateer[/quote]

You're right in that we don't know specifics, but you're assuming an awful lot that is completely opposite to the information that we [i]do[/i] know. To which point, we're just gonna have to agree to disagree. 🤷

@UndeadPrivateer [quote]Reading comprehension, man[/quote]

Yes, reading comprehension. You've spliced up portions from multiple posts, and you're making it look like I responded with all this information in from of me in a single post. It was not.

Speaking of reading comprehension:

[quote]She left France at the age of 5 and moved to the USA, she went to uni there are after 20 years they still didn't grant her citizenship.[/quote]

That's a 20-year span. They could have applied for her, when she was 5, and she would have been less than 21 at the time.

@Northwest [quote]Yes, reading comprehension. You've spliced up portions from multiple posts, and you're making it look like I responded with all this information in from of me in a single post. It was not.[/quote]

Sure it was. All you gotta do is scroll up and pay attention. It's not hard, certainly far easier than navigating the legal labyrinth known as immigration.

[quote]That's a 20-year span. They could have applied for her, when she was 5, and she would have been less than 21 at the time.[/quote]

Which assumes that all went smoothly during that 20 year span. That's assuming something counter to the information that she was unable to acquire permanent residency and also assuming that her parents were even aware of that. The legal immigration system is anything but transparent. The only reason I'm able to navigate it right this moment is thanks to internet resources, which are both recent and not something that can be navigated by those who are not tech savvy either.

@UndeadPrivateer [quote]Sure it was. All you gotta do is scroll up and pay attention. It's not hard, certainly far easier than navigating the legal labyrinth known as immigration. [/quote]

So, what you're suggesting, is while I am participating live in a conversation, I travel into the future, get more information, and then go back in time, and respond to it.

Brilliant, I'm done with this colossal waste of time. Good luck to you man.

@Northwest I didn't know scrolling up was time travel. 🤔 I'm keeping this in mind for the future. Or should I say, the past!

@Northwest @UndeadPrivateer So is this an argument to prove who has the biggest dick, or who is the biggest dick? 🤔

@ConanTheLibrarian For you to go through this entire thread, and comment like you're the man, you absolutely, positively, must have no life to speak of.