US citizen wanting to file for brother/mother

[bogger 0]

I just came across all of this info about the I-130 form and before I take action I wanted to know more about the process.

To me it seems too easy to just fill out a form, make some copies of a few documents, mail it all in with some money to an office, and wait some time before it is approved. My brother and mother both live with me here in the US, and my concern is that they may have to move back to Mexico while they wait to be approved (a friend of mine has been there for a year now waiting for approval, but she filed though marriage so I am hoping her case is unrelated to mine), or that I'm not aware of some other forms that also need to be approved before or after mailing in the I-130 form.

If it seems that I am completely misinformed I would appreciate it if you guys would point me to the right info

[NigeriaorBust 4,087]

If you are an adult USC you can file for parents and siblings. IF your relatives has no immigration issues things will go smoothly. If they have issues ( like overstaying a visitors visa ) neither are eligble for waivers of the bans to their issues and must serve out their bans before they can get a green card. Assuming no issues your mother will take about a year and your brother over 10 years.

[bogger 0]

If you are an adult USC you can file for parents and siblings. IF your relatives has no immigration issues things will go smoothly. If they have issues ( like overstaying a visitors visa ) neither are eligble for waivers of the bans to their issues and must serve out their bans before they can get a green card. Assuming no issues your mother will take about a year and your brother over 10 years.

What qualifies as an issue? They came here illegally and as far as I know neither have had a visa, but have never had problems with immigration letting them stay in the US, so I could be overlooking something...

A year seems like an ideal amount of time to wait but why over 10 years for my brother?

[aleful 1,905]

What qualifies as an issue? They came here illegally and as far as I know neither have had a visa, but have never had problems with immigration letting them stay in the US, so I could be overlooking something...

A year seems like an ideal amount of time to wait but why over 10 years for my brother?

siblings do not qualify to adjust status in country, and the wait for Mexican siblings is over 16 years to get a GC. unless the laws change, he would have his interview in cd de Mexico, and have a 10 year ban because he has been living ilegally in the US for over a year. there is no waiver for siblings. Immigration is working with petitions sent in 1996 for Mexican siblings. few visas are issued per year for Mexican siblings so it takes a very long time.

and if your mother did not enter legally in the US, she cannot adjust status in the US either, she would have her interview in Juarez and get a 10 year ban. there are no waivers for parents.

[ceadsearc 516]

A parent of a USC who overstayed can adjust from within the US. However, overstay means overstaying a visa. If they entered without inspection, they cannot. They will have to return to their country and wait out their ban. A sibling cannot adjust from within the country, period. They will have to return home and wait out the ban. Neither are eligible for waivers.