Need help with this situation. Becoming a LPR.

[uliuli09 0]

Im 15 years old. I am currently living in the US from Mexico. So are my parents and older brother. I have been raised here and lived

here 95% of my life.

I have been living in the US since i was 3 years old with my mother, father and older brother. I am now 15, turning 16 this year.

In the year 2000 my mother's brother who is a US Citizen applied my mother for a alien relative based green card. The application was accepted but

we are still waiting for further approval. We have gotten no response since.

BUT NOW My older US Citizen Born brother is going to turn 21 next year. He is going to apply for a green card for my parents. My parent's lawyer

have told them it could take from 6 months to year for the process to go through after my brother turned 21 and applied for it. Now what i want to

know is where i stand. After my parents become a LPR (hopefully) our lawyer told them it would take up to 2 years to get me to become a LPR. The

problem is I would be 17-20 years old at the time that they become LPR. This puts me in a tight spot because i have been told after the age of

18 it is very difficult to get LPR from your parents. I THINK the age is 18. But i have heard it to be 21.

Also want to know if when im 19 or 20 years old can my parents still help me get my LPR?

LPR= Legal Permanent Resident

[Boiler 46,394]

Illegal presence starts accumulating at age 18.

18 1/2 and you have a 3 year ban, 19 it is 10 years.

Your parents are seeking to adjust under category F4 and using 245i so they do not have to leave and incur a ban. This allows derivatives, children under 18 - you.

By going through your brother they do not have to wait for a visa number, but this category does not allow derivatives - you.

I presume that if they subsequently petition for you you would still be covered as well by 245i but I am not certain.

Obviously if you come to the attention of the authorities in the mean time you will be on your way home at the Governments expense.

[Brother Hesekiel 2,236]

The waiting time for a sibling of a U.S. citizen (your uncle petitioning for your mom) from Mexico is currently 18-1/2 years. So if your uncle filed in 2000, the petition will still be kept in the hibernation stage until about 2017.

Your brother can petition for your parents as they are "immediate relative" of his, provided he can fulfill the requirements of the Affidavit of Support. With your uncle as a co-sponsor, that will probably work out well.

Once your parents have become LPRs, they can petition for you, as you are an immediate relative of your parents. What you need to know, however, is that you will not be able to file for Adjustment of Status (AoS) because, being an illegal alien, you have no status you could adjust FROM. That means that you will need to apply for an immigrant visa at the U.S. consulate in Ciudad Juarez, based on the approved I-130 from your parent(s).

Here is what matters: the U.S. government knows that children have no say in where parents take them, which is why "unlawful presence" is not recorded until the child becomes an adult, which is at age 18. Once you have been 180 days unlawfully present (your 18-1/2th birthday), you will trigger a 3-year bar when leaving. Once you turn 19, this will become a 10-year bar.

Thus, you will need to leave not later than 179 days after your 18th birthday, come hell or high water.

Finally, it is possible that the DREAM Act will become law in late 2013 or early 2014. If that happens, you will be eligible and t hat will be your path to a Green Card. So for now wait and see, and stay out of trouble.

[uliuli09 0]

Hello and thanks for answering.

Brother Hesekiel, I have 2 questions if you don't mind. If I leave the country (to Mexico) before I turn 18.5 years after I graduate from high school; is there a possibility that the LPR application from my parents to me, be accepted while I am out of the country.

How long would it take for me to come back to the states if the application is accepted?

Thanks.

[LIFE'SJOURNEY 970]

  On 2/27/2012 at 2:00 AM, uliuli09 said:

Hello and thanks for answering.

Brother Hesekiel, I have 2 questions if you don't mind. If I leave the country (to Mexico) before I turn 18.5 years after I graduate from high school; is there a possibility that the LPR application from my parents to me, be accepted while I am out of the country.

How long would it take for me to come back to the states if the application is accepted?

Thanks.

For your parents (LPR) to petition for their unmarried son under 21 would take about 3 years.

[JimVaPhuong 4,863]

  On 2/15/2012 at 4:58 AM, Boiler said:

Illegal presence starts accumulating at age 18.

18 1/2 and you have a 3 year ban, 19 it is 10 years.

Your parents are seeking to adjust under category F4 and using 245i so they do not have to leave and incur a ban. This allows derivatives, children under 18 - you.

By going through your brother they do not have to wait for a visa number, but this category does not allow derivatives - you.

I presume that if they subsequently petition for you you would still be covered as well by 245i but I am not certain.

Obviously if you come to the attention of the authorities in the mean time you will be on your way home at the Governments expense.

The highlighted point above is correct. Section 245(i) makes derivatives equivalent to direct beneficiaries. She retains her eligibility to use her "pardon" under 245(i) regardless of whether she adjusts status with the principal beneficiary, ages out, or even gets married.

She can't adjust status based on her brother's petitions for her parents because immediate relative categories don't allow for derivatives. However, she could remain in the US while waiting for one of her parents to petition for her, and then adjust status when her priority date becomes current. She has one shot to use her 245(i) pardon, and she can use it anytime a visa number becomes available for her. Assuming everyone acts quickly - her brother gets the petitions filed for her parents as soon as he's 21, USCIS moves with reasonable speed approving those petitions and issuing their green cards, and one of her parents files a petition for her as soon as they become an LPR - I think she's got a pretty good chance of having a visa number available before she's 21. The unknown factor is how long USCIS will drag their tails on her parent's AOS, since they tend to take a bit longer when a 245(i) is involved.

ICE will not deport her if there's a petition pending for her, and if she's grandfathered under 245(i). Immigration judges routinely suspend proceedings against aliens in similar circumstances.

[Penguin_ie 5,997]

**** Moving from AOS from Family to AOS from Toiurist, Work etc visa s OP seems unlikely to have come on a Family visa *****

[Boiler 46,394]

I have seen people deported whilst waiting for a visa number.