AOS Help

[ahadhayat 0]

Hello,

My brother was sponsored by my mother when she got her GC. He is still under 21 (one month to go) and his case reached the embassy (The people at the embassy (they said that his age is now frozen and we have a yr to send the packet). He is also in the states – he is going to college. My mother is thinking of getting the case back to America and then just doing an Adjustment of Status. Is that possible? Usually how long would it take for the AOS to be completed? If he wanted to go out of the country for a few weeks or a month, would that be possible? I am new to AOS and I would appreciate any help provided.

Thanks

[Nich-Nick 3,354]

You didn't give enough information to know what the situation is. How is he legally in the US going to school? How did mother get a green card? If you mother came on a K1/K3 visa, then her child could be included and receive a K2/K4 visa and "follow to join" at a later time and would interview at the embassey. But since he's already in the US, a K visa that only lets you in the door doesn't sound right. He's already in the door.

Some family members are admitted on a quota system. You have to wait until an immigrant visa number comes up for his category/country. It's like getting in line and waiting to get to the front. It can take years.

Here's a clip from the Visa Journey guides for bringing family members. Perhaps your brother is in the category of #3??

Overview of Immigration Process

A legal immigrant (or lawful permanent resident) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

[ahadhayat 0]

He is studying in a univ in the states (he is here via student visa). My mother got a GC through me ( i sponsored her as i am an american citizen). We were told that once we submit the affidavit of support, his interview will come at the embassy, BUT since he is here, we would rather just do a adjustment of status...Let me know if you have any other questions.

Thanks for your help.

You didn't give enough information to know what the situation is. How is he legally in the US going to school? How did mother get a green card? If you mother came on a K1/K3 visa, then her child could be included and receive a K2/K4 visa and "follow to join" at a later time and would interview at the embassey. But since he's already in the US, a K visa that only lets you in the door doesn't sound right. He's already in the door.

Some family members are admitted on a quota system. You have to wait until an immigrant visa number comes up for his category/country. It's like getting in line and waiting to get to the front. It can take years.

Here's a clip from the Visa Journey guides for bringing family members. Perhaps your brother is in the category of #3??

Overview of Immigration Process

A legal immigrant (or lawful permanent resident) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Bringing Family Members of Permanent Residents to America as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

Edited May 20, 2010 by Vanessa&Tony

[ahadhayat 0]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Bringing Family Members of Permanent Residents to America as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

We are applying for AOS...

[VanessaTony 3,567]

We are applying for AOS...

You might be, but not from a Family Based visa, which is either a K1, K2, K3 or K4 which are for spouses and fiance's of USC's.

**Edit - I'm just following the guidelines I was given. I will refer this thread to a Mod who will know for sure where this should go.

Edited May 21, 2010 by Vanessa&Tony