Moms paperwork almost done - What about my brother? is there a faster way?

[EL GODFATHER 0]

Hello everyone,

I petition my mom and my half brother who is 18 and they are the only 2 relatives that I have in Mexico. My moms interview is scheduled in October and for what it looks like, she will have no issues getting her visa/residency. My brother is 18 and he is going to school; good student and all, clean record etc... now, I was told that my brothers petition would take about 13/15 years to process. My brother is... well.... let's say book smart but not so street smart and I find it somewhat difficult for him to stay in Mexico by himself for all of the remaining time while his petition is is worked.

What I was told was that once my mom has her residency for 5 years, she can apply for Citizenship and when she becomes a citizen, she can then petition my brother and will shorten the process by 5 years or so.

Is this the only way? is there a faster way? I would really like for the both of them to be here and not have to worry.

Thank you in advance for your responses.

-B

[aaron2020 11,651]

Hello everyone,

I petition my mom and my half brother who is 18 and they are the only 2 relatives that I have in Mexico. My moms interview is scheduled in October and for what it looks like, she will have no issues getting her visa/residency. My brother is 18 and he is going to school; good student and all, clean record etc... now, I was told that my brothers petition would take about 13/15 years to process. My brother is... well.... let's say book smart but not so street smart and I find it somewhat difficult for him to stay in Mexico by himself for all of the remaining time while his petition is is worked.

What I was told was that once my mom has her residency for 5 years, she can apply for Citizenship and when she becomes a citizen, she can then petition my brother and will shorten the process by 5 years or so.

Is this the only way? is there a faster way? I would really like for the both of them to be here and not have to worry.

Thank you in advance for your responses.

-B

You have it wrong. It takes a USC about 17 years to petition for a child over the age of 21 from Mexico. Your brother will be over 21 in 5 years.

This is the quickest way to get your brother to the US legally. Once your mom is an LPR, she can file for your brother. An LPR petitioning for an unmarried child under 18 from Mexico takes about 6 years. The problem is that your brother will be over 21 in 6 years. Age for a visa is determined at the time a visa becomes available. You need to read up on CSPA. Even if your brother is over 21, he can be treated as being under 21. There is nothing you can do to ensure that CSPA applies. CSPA does not count the time it takes USCIS to approve a petition. Time at the NVC is counted. If your brother does age out, it is about 17 years.

Best of luck to you and your family.

[Dakine 26]

Book smart! Maybe a student visa?

[aaron2020 11,651]

Book smart! Maybe a student visa?

A student visa is a non-immigration visa. The student must return home after completing his course of study. There are several obstacles here. His brother's family would all be in the US so it will be very hard to overcome the presumption of illegal immigration. There is also having enough money up front to prove that he can pay for the entire course of study. While it is an avenue that should be explored, it does have it difficulties.

[Dakine 26]

Book smart! Maybe a student visa?

A student visa is a non-immigration visa. The student must return home after completing his course of study. There are several obstacles here. His brother's family would all be in the US so it will be very hard to overcome the presumption of illegal immigration. There is also having enough money up front to prove that he can pay for the entire course of study. While it is an avenue that should be explored, it does have it difficulties.

Can't students fall in love and adjust status?

[aaron2020 11,651]

Book smart! Maybe a student visa?

A student visa is a non-immigration visa. The student must return home after completing his course of study. There are several obstacles here. His brother's family would all be in the US so it will be very hard to overcome the presumption of illegal immigration. There is also having enough money up front to prove that he can pay for the entire course of study. While it is an avenue that should be explored, it does have it difficulties.

Can't students fall in love and adjust status?

Sure can. However, it is a suspect plan to any future girlfriend that the F1 student came to the US with a plan to fall in love and adjust status. Not to say that there aren't legitimate relationships. Just suspicious.

Edited September 21, 2009 by aaron2020

[EL GODFATHER 0]

Thank you all for your responses!!!

So, I've been reading some of the other posts and this is what I can think of.... yeah... a couple more questions.

My mom will become a permanent resident next month. Can she petition my brother right after becoming a permanent resident?

My brother is 18 now, will be 19 if my mom petitions him early 2010. If I have it correct he can be helped with the CSPA act? correct?

What do you think?

Thank you in advance...

-B

[aaron2020 11,651]

Thank you all for your responses!!!

So, I've been reading some of the other posts and this is what I can think of.... yeah... a couple more questions.

My mom will become a permanent resident next month. Can she petition my brother right after becoming a permanent resident? YES - LPR petitioning for an unmarried child under 21, F2a family preference category.

My brother is 18 now, will be 19 if my mom petitions him early 2010. If I have it correct he can be helped with the CSPA act? correct? Maybe. Petitioning for a relative is a 2-step process. Approval of the petition at USCIS and waiting for an available visa in the family preference category at the NVC. Only the time at USCIS is not counted in calculating CSPA age. Since it takes 6 years to get a visa in the F2a category, USCIS would have to take 4 or more years to approve the petition for your brother for him to benefit under CSPA and remain in the F2a category. If it takes them less than 4 years, it is unlikely that CSPA will help him and he will have to wait 17 years for a visa. These are rough estimates based on how long it takes a Mexican child to immigrate to the US in the F2a and F2b categories. There is nothing that can be done to ensure CSPA will apply. The faster your mom files for your brother the better. My suggestion is to get all the paperwork ready for your mom to sign and sent out as soon as possible. Furthermore, you brother cannot get marry while your mother is an LPR. If he gets marry while she is an LPR, the petition is automatically withdrawn and it cannot be revive. Good luck.

What do you think?

Thank you in advance...

-B

Edited September 22, 2009 by aaron2020

[darya-waiting 0]

Book smart! Maybe a student visa?

A student visa is a non-immigration visa. The student must return home after completing his course of study. There are several obstacles here. His brother's family would all be in the US so it will be very hard to overcome the presumption of illegal immigration. There is also having enough money up front to prove that he can pay for the entire course of study. While it is an avenue that should be explored, it does have it difficulties.

I would say look into Humanitarian Parole

[aaron2020 11,651]

Book smart! Maybe a student visa?

A student visa is a non-immigration visa. The student must return home after completing his course of study. There are several obstacles here. His brother's family would all be in the US so it will be very hard to overcome the presumption of illegal immigration. There is also having enough money up front to prove that he can pay for the entire course of study. While it is an avenue that should be explored, it does have it difficulties.

I would say look into Humanitarian Parole

Humanitarian parole only applies to hardship cases such as when one parent is a USC and the other parent is not. For example, the non-USC parent dies leaving a minor child who is too young to care for himself/herself. Humanitarian parole helps expedite an immigration visa for that minor child so the child can be reunited with the USC parent.

Here, the brother is 18 and is considered an adult. So humanitarian parole is not going to work because where is the hardship? He's an adult who can legally care for himself. Even if he was a minor, humanitarian parole would not work because mom choose to immigrate and leave the minor child behind. USCIS is aware that when a USC child petitions for a parent that minor children of the parent may have to wait years for visas. There is no way that USCIS would offer humanitarian parole to everyone in this situation. There has to be an extreme hardship that involves a minor and the hardship cannot be caused by a parent immigrating.

Edited September 23, 2009 by aaron2020

[aaron2020 11,651]

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Humanitarian Parole

Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency.

USCIS may grant parole temporarily:

* To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit

* For a period of time that corresponds with the length of the emergency or humanitarian situation

Parolees must depart the United States before the expiration of their parole. You may request an extension of parole, which must be approved by USCIS. Parole does not grant any immigration benefits.

-------------------------

Mom immigrating to the US is not a compelling emergency. Mom does not have to move to the US. Even if Mom moving to the US was a compelling emergency, the compelling emergency would be averted if Mom stays in Mexico.

Humanitarian parole is not going to work here.