我女儿是公民,要给我申请绿卡,但我已离婚,带着一个和女儿同父异母的弟弟12岁。这样的情况,她是一次同时给我父子申请绿卡同时批进入美国,还是她给我申请,然后儿子作为兄弟姐妹要排期呢?很多人说法不一,有说我是父亲无排期,儿子需要排期,也有说要考虑我无排期进入美国儿子无人照料和我一起办。请8老师指教,谢谢。
-Two choices in your case:
1. One choice is that your daughter needs to file two I-130, one for you and another for your son, respectively. Your immigration visa has no 排期, but your son 需要排期 based on 兄弟姐妹排期 which may take about 12 years.
2. Another choice (the best choice) is that your daughter only files one I-130 for you and you enter US using immigration visa, then your son applies for B2 visa to enter US. Because your son is minor and needs your custody, he should be easy to get the B2 visa. Then, you can file I-130 and your son can file I-485 to get the green card after he enters US for 3 months later. In this case, your son 排期 is very short (sometimes there is no 排期 or one to two-year 排期).
If your son cannot get the B2 visa, you still can file I-130 fro him to apply for the immigrant visa in China to enter US after you become a green card holder, which may take one to two years based on the current 排期. If you don't have enough income to sponsor your son, your daughter can be the joint sponsor to provide the financial support for your son.