Citizen mother looking to petition for children over 21

[Em Z 3]

Hello!

My grandmother recently became a U.S. Citizen! Yay! I filled out her application (along with the help of these boards!) and she passed and had her ceremony Friday.

She has 9 children, all over the age of 21, some married, some unmarried.

Child 1 - Has a permanent resident card

Child 2 - US. Citizen

Child 3 - Expired visa, will be applying through her child (me!) when applying for citizenship in June

Child 4 - Expired visa, will be applying through child when applying for citizenship in 2016.

Child 5 - Expired visa

Child 6 - Entered US illegally

Child 7 - Entered US illegally

Child 8 & 9 - In Brazil.

I know the process for filing for her children involves the I-130 and I-485 and the other forms that go with it (medical, sponsor, etc).

Child 4 is wondering if he could just file the I-130 now, to get in line, and once approved (if before his son becomes Citizen), he would file 485 then. What is best? My process was I filed i-130 with i-485 and its other forms. I was able to obtain an EAD, etc.

I'm not sure if it would be the same process for a married child over 21 of a citizen. Would it best to file 130 together with 485? Or should 130 suffice?

I'm assuming that for Child 5, 8&9, it would be best to do all applications at once, because they don't have any other means of a change of status. Thoughts?

Also... any thoughts on the two that entered illegally? I'm a little hesitant to go near those two, and am suggesting they see a lawyer to get a general idea of what we can do.

Thank!!

[Em Z 3]

Bump

[NigeriaorBust 4,087]

Adult children can't file the I485 as they are not immediate relatives. Nor is overstay forgiven only under 21 children can go that route The illegals can not adjust in country

[aaron2020 11,651]

Hello!

My grandmother recently became a U.S. Citizen! Yay! I filled out her application (along with the help of these boards!) and she passed and had her ceremony Friday.

She has 9 children, all over the age of 21, some married, some unmarried.

Child 1 - Has a permanent resident card

Child 2 - US. Citizen

Child 3 - Expired visa, will be applying through her child (me!) when applying for citizenship in June

Child 4 - Expired visa, will be applying through child when applying for citizenship in 2016.

Child 5 - Expired visa

Child 6 - Entered US illegally

Child 7 - Entered US illegally

Child 8 & 9 - In Brazil.

I know the process for filing for her children involves the I-130 and I-485 and the other forms that go with it (medical, sponsor, etc).

Child 4 is wondering if he could just file the I-130 now, to get in line, and once approved (if before his son becomes Citizen), he would file 485 then. What is best? My process was I filed i-130 with i-485 and its other forms. I was able to obtain an EAD, etc.

I'm not sure if it would be the same process for a married child over 21 of a citizen. Would it best to file 130 together with 485? Or should 130 suffice?

I'm assuming that for Child 5, 8&9, it would be best to do all applications at once, because they don't have any other means of a change of status. Thoughts?

Also... any thoughts on the two that entered illegally? I'm a little hesitant to go near those two, and am suggesting they see a lawyer to get a general idea of what we can do.

Thank!!

There is no basis for any of her children to file the I-485 to adjust status.

First, a USC who petitions a child over 21 does so in the family preference categories (F1 if single and F3 us marauded). The wait is 7 years (F1) or 12 years (F3) for a visa.

Therefore, it impossible for any of your grandmither's over age 21 children to file to adjust.

Furthermore, what do you mean by "expired visa" for Child 3, 4, and 5? Did they overstay their visas?

If any child overstayed a non-immigrant visa or entered illegally, then there is no way to adjust through USC mom or a USC child. Overstays are forgiven for Immediate Relatives child or spouse of a USC. It's not forgiven for adult children of a USC or the parent of a USC.

Illegal entry = no immigration benefits. USC mom does nothing for the illegal entry adult child.

You need to talk to an immigration lawyer. Making your family legal is not as easy as you have outlined. They will not be able to adjust based in their mother becoming a US citizen.

Edited January 20, 2014 by aaron2020

[Em Z 3]

There is no basis for any of her children to file the I-485 to adjust status.

First, a USC who petitions a child over 21 does so in the family preference categories (F1 if single and F3 us marauded). The wait is 7 years (F1) or 12 years (F3) for a visa.

Therefore, it impossible for any of your grandmither's over age 21 children to file to adjust.

Furthermore, what do you mean by "expired visa" for Child 3, 4, and 5? Did they overstay their visas?

If any child overstayed a non-immigrant visa or entered illegally, then there is no way to adjust through USC mom or a USC child. Overstays are forgiven for Immediate Relatives child or spouse of a USC. It's not forgiven for adult children of a USC or the parent of a USC.

Illegal entry = no immigration benefits. USC mom does nothing for the illegal entry adult child.

You need to talk to an immigration lawyer. Making your family legal is not as easy as you have outlined. They will not be able to adjust based in their mother becoming a US citizen.

Yes, I meant they overstayed their visas.

I don't get it. We did speak with her lawyer. He said the wait for her children would be 5-7 years. I looked at the forms online... And I-130 can most definitely be filed in this situation. I'm pretty sure I saw it said to do 485 as well... And the affidavit for support.

[Merrytooth 5,748]

please consult with another lawyer

[belinda63 3,047]

3 and 4 can adjust through the child provided the child is at least 21 and a citizen. A parent is considered an immediate relative.

5,6 & 7 are out of luck if all they have is the mother.

Child 8& 9 are ok.

Depending on if they are married or not the wait is 5-10 years. If children 5,6, and 7 leave the country now they may have served their ban by the time a visa number becomes available. Since the children are over 21 they are not considered an immediate relative and the overstay is not forgiven.

[milimelo 4,565]

Was it a notario who told you it can all be done?

Yes, you can put in I-130 (and you should), but I-485 will just be a waste of money as there is NO possibility of adjustment of status since none of the individuals are in the country in a valid status. Overstay not forgiven in such situations for F1, F3 and even F2 categories.

[aaron2020 11,651]

Yes, I meant they overstayed their visas.

I don't get it. We did speak with her lawyer. He said the wait for her children would be 5-7 years. I looked at the forms online... And I-130 can most definitely be filed in this situation. I'm pretty sure I saw it said to do 485 as well... And the affidavit for support.

Just because you saw it say 485 does not mean that it apply in all cases.

You are not understanding how violating US immigration laws affect the I-130.

Furthermore, it takes years for a USC to petition for a child over 21. It's never possible to file the I-130 and I-485 concurrently.

You are not understanding what you saw. Did you read it for understanding or did you just see on a paper passed in front of you?

Your family has lots of immigration problems because they violated lots if immigration laws.

Unfortunately, those that violated US immigration laws will not benefit from mom becoming a USC. They blew their chances of being legal by choosing to live illegally in the US. Bad choices.

[aleful 1,905]

Yes, I meant they overstayed their visas.

I don't get it. We did speak with her lawyer. He said the wait for her children would be 5-7 years. I looked at the forms online... And I-130 can most definitely be filed in this situation. I'm pretty sure I saw it said to do 485 as well... And the affidavit for support.

hi

nope, the petitions take 7 to 10 years depending if they are single o married. the i485 is only for immediate relatives, such as children under 21 of a US, they don't have to wait years, only months for an interview

she can file for them, especially the ones in Brazil. but for the ones that are here illegally, if there isn't an immigration reform or change of law, they would have to leave the country to go through consular processing. when they leave, they will have triggered a 10 year ban and in need of an i601 waiver and her mother to do a hardship letter

[belinda63 3,047]

Concurrent filing (I-130 and I-485 at the same time) only applies for immediate relatives of US citizens (child under 21, spouse, parent) who entered the US legally (and in some LPR cases). Thus the two with the children (3 & 4), when their child becomes a citizen and is over 21 can be concurrently filed for. They entered legally and they have an immediate relative to file for them.

The children who have no immediate relative (mom doesn't count since the children are over the age of 21) have to wait for a visa number to become available (7-10 years). They cannot file the I-485 because no visa is available for them. If they are in the country legally and in status they can adjust to LPR when the visa number becomes available. If they are in the country out of status or entered without inspection they cannot adjust status since the overstay is not forgiven (they are not immediate relatives).

Thus children 5, 6, & 7 must leave the US to process their visa. When they leave the country they will receive a 10-year ban from returning to the US. When they interview in 7-10 years if the ban has not been served the request for a visa will be denied. The only way to overcome this is to file a waiver which shows extreme hardship to the mother if the child is not permitted to immigrate. Given that she already has a number of children and grandchildren in the US what hardship could she prove?

[Cathi 5,794]

Yes, I meant they overstayed their visas.

I don't get it. We did speak with her lawyer. He said the wait for her children would be 5-7 years. I looked at the forms online... And I-130 can most definitely be filed in this situation. I'm pretty sure I saw it said to do 485 as well... And the affidavit for support.

there is no way you read they could do an i485 concurrently, you misunderstood. They are over the age of 21, they have to wait until a visa number is available, a minimum of 7-10 years. And it cannot be done from inside the us, they have to leave and do consular processing. They have all broken US. Laws, there is nothing easy about their cases, they have consequences for their disregard of US Immigration laws.

[NigeriaorBust 4,087]

So if she wants to try this for those with no adult US child in the US, she can file the I10 applications at any time. You will watch the visa bulletin until their priority date is current. If they start as single and marry they change visa classes. IF they happen to be legally in the country on a visa the current law allows them to file AOS at the time their priority date is current . However the ones that overstayed have to serve their an first and probably they have overstayed to be looking at 10 year bans. The ones that entered illegally is it one entry or 2 ? That also makes a difference . If the ones that overstayed are all single it is best for them to leave soon and start their ban. Immigration laws are not likely to get easier and chances could even close the door on some of them.

[Boiler 46,141]

The ones here illegally have a long wait which is good news and bad news, if they leave now their bans will be up or nearly up when a visa is available.

Presumably she must be earning a bit to sponsor so many so could afford to have a word with a Lawyer.

[Ingrid28 69]

Couldn't the ones who overstayed marry their USC partners then adjust status?