LPR Mother sponsoring adult son (currently on work visa)

[Pugwal 0]

My mother has a Green Card and lives in MA. My brother currently lives in the US (NY) and lives/works on a non-immigrant visa.

I understand that the first step is for Mum to file an i-130 form, however a few questions:

1. Is the i-485 (AoS) filed at the same time as the i-130?

2. Is the i-765 (EAD) filed at the same time, so my brother can still work?

3. Is the i-131 (Advance Parole for travel) filed at the same time, so my brother can still travel?

I couldn't find any similar posts, so I'd appreciate any suggested pointers.

thanks,

Pete

[RICARDO4EVA2 195]

My mother has a Green Card and lives in MA. My brother currently lives in the US (NY) and lives/works on a non-immigrant visa.

I understand that the first step is for Mum to file an i-130 form, however a few questions:

1. Is the i-485 (AoS) filed at the same time as the i-130?

2. Is the i-765 (EAD) filed at the same time, so my brother can still work?

3. Is the i-131 (Advance Parole for travel) filed at the same time, so my brother can still travel?

I couldn't find any similar posts, so I'd appreciate any suggested pointers.

thanks,

Pete

What VISA is he working with ..?

[NigeriaorBust 4,087]

No your brother will have to wait until a visa number is available for him. You mother files the I130 and once it is approved the wait for a visa begins. If your brother stays unmarried then the wait is about 10 years his class is F2b Current people from Aug 2003 are getting visa. IF he is in the state on a valid visa when a number is available then he can file for AOS at that time. If he overstays any visa it is NOT forgiven for relatives of LPR's If your mom becomes a citizen before the number come availble she can upgrade and take some time off the waiting.

[Jojo92122 1,924]

My mother has a Green Card and lives in MA. My brother currently lives in the US (NY) and lives/works on a non-immigrant visa.

I understand that the first step is for Mum to file an i-130 form, however a few questions:

1. Is the i-485 (AoS) filed at the same time as the i-130?

2. Is the i-765 (EAD) filed at the same time, so my brother can still work?

3. Is the i-131 (Advance Parole for travel) filed at the same time, so my brother can still travel?

I couldn't find any similar posts, so I'd appreciate any suggested pointers.

thanks,

Pete

You can't find similar post because what your mother and brother want to file is not allowed.

Currently, it takes about 8 years for an LPR to petition for an unmarried child over age 21. When a LPR files for this child, there is no right for the child to live or remain in the US. Since it takes 8 years for a visa to become available to your brother, your brother cannot file the I-485, I-765, or I-131. If he files them, they will be denied and he will be out the fees. Your mom can only file the I130 for your brother.

Once your mother files the I-130, your brother derives no benefit from this petition until his Priority Date becomes current in about 8 years. He can remain in the US as long as his non-immigrant visa is valid. If he overstays, he can kiss the petition your mother files for him goodbye since an overstay will not be forgiven for a person in the family preference categories. Your brother would be in the F2b family preference category.

When his Priority Date becomes current, your brother can apply to adjust his status if he is legally in the US. He would file forms I-485, I-751, and I-131. If he is outside the US when his PD becomes current, he files form DS-230.

Edited November 6, 2011 by Jojo92122

[Pugwal 0]

You can't find similar post because what your mother and brother want to file is not allowed.

Currently, it takes about 8 years for an LPR to petition for an unmarried child over age 21. When a LPR files for this child, there is no right for the child to live or remain in the US. Since it takes 8 years for a visa to become available to your brother, your brother cannot file the I-485, I-765, or I-131. If he files them, they will be denied and he will be out the fees. Your mom can only file the I130 for your brother.

Once your mother files the I-130, your brother derives no benefit from this petition until his Priority Date becomes current in about 8 years. He can remain in the US as long as his non-immigrant visa is valid. If he overstays, he can kiss the petition your mother files for him goodbye since an overstay will not be forgiven for a person in the family preference categories. Your brother would be in the F2b family preference category.

When his Priority Date becomes current, your brother can apply to adjust his status if he is legally in the US. He would file forms I-485, I-751, and I-131. If he is outside the US when his PD becomes current, he files form DS-230.

Thanks for the replies and advice. His current non-immigrant visa (e-3) has to be renewed every 2 years (he needs to leave the country each time), so I'm now wondering whether having an i-130 filed will put future renewals of his e-3 at risk during the 8 year visa number wait?

[JimVaPhuong 4,863]

Thanks for the replies and advice. His current non-immigrant visa (e-3) has to be renewed every 2 years (he needs to leave the country each time), so I'm now wondering whether having an i-130 filed will put future renewals of his e-3 at risk during the 8 year visa number wait?

Yes. One of the requirements for renewing an E-3 visa is that the alien demonstrate that they do not intend to remain or work permanently in the US. The E-3 does not allow for immigrant intent. Once an immigrant visa petition has been filed for him then that could torpedo any future renewals of his E-3 visa.

[Pugwal 0]

Yes. One of the requirements for renewing an E-3 visa is that the alien demonstrate that they do not intend to remain or work permanently in the US. The E-3 does not allow for immigrant intent. Once an immigrant visa petition has been filed for him then that could torpedo any future renewals of his E-3 visa.

Ah, thank you, but unfortunately, I think you've identified the showstopper to this plan.

[Brother Hesekiel 2,236]

Which is why mom should wait until she has become a U.S. citizen.

[Jojo92122 1,924]

Which is why mom should wait until she has become a U.S. citizen.

Mom becoming a US citizen will not solve their problem. The son is over age 21 so this would be an F1 family preference case (US citizen petitioning an unmarried child over 21). The wait is 6-7 years for the PD to be current. It's not that different from the current situation of a F2b case.