Citizen mother looking to petition for children over 21

[NigeriaorBust 4,087]

You assume they have USC partners

[Em Z 3]

They do not have USC partners.

We did speak with a lawyer. I will set up another appointment to ask all of my questions.

Someone said you can never file 130 and 485 concurrently... That's not true. My case was filed that way. Maybe it doesnt work in this particular case, clearly.

When we did speak to our lawyer, he said nothing about having to go back to Brazil, etc. But again, I will consult.

The location where I got this from was actually from the USCIS site.

http://www.uscis.gov/tools/how-do-i-customer-guides/how-do-i-guides-us-citizens

First link, it's a pdf file and I'm on my phone so I can't put it in here.

,

[NigeriaorBust 4,087]

You were probably the child or step child ( under 21 ) of a USC Totally different rules. A child under 21 is an immediate relative and can file concurrently as there is no wait for a visa number and overstays can be forgiven. Once you hit 21 you are no longer an immediate relative immigration wise and have to wait in line. Once the visa number is available ( which is why you were told 5-6 years but currently it is longer but the time may be more or less as case load changes ) you can file the I485 IF you are legally in the country. But once you overstay you don't get forgiveness because once again you are no longer an immediate relative. Any lawyer that is telling you something else is interested in your money not in the immigration outcome. So any of the overstayers have USC children ? The child could be the basis of forgiveness even if the child is too young to file.

[aaron2020 11,651]

They do not have USC partners.

We did speak with a lawyer. I will set up another appointment to ask all of my questions.

Someone said you can never file 130 and 485 concurrently... That's not true. My case was filed that way. Maybe it doesnt work in this particular case, clearly.

When we did speak to our lawyer, he said nothing about having to go back to Brazil, etc. But again, I will consult.

The location where I got this from was actually from the USCIS site.

http://www.uscis.gov/tools/how-do-i-customer-guides/how-do-i-guides-us-citizens

First link, it's a pdf file and I'm on my phone so I can't put it in here.

,

You are not understanding the immigration system.

I said a USC can never file concurretly for an adult child over 21.

I did not say that concurrent filing cannot happen in all cases.

For the Immediate Relatives of a USC, concurrent filing is permitted.

When your USC husband filed for you, you were an Immediate Relative of a USC so you could file concurrently.

There is a big difference between a spouse of a USC and an over 21 adult child of a USC.

Please read more carefully.

Edited January 21, 2014 by aaron2020

[belinda63 3,047]

"If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time you file their I-130 petition."

From the link you provided.

The children are over 21 thus this does not apply to them.

[AmyWrites 593]

Your lawyer is an idiot and/or trying to get money from you.

They have no way of adjusting status in the US, some probably have 10 year bans on them, or at least can only get a visa a very long time from now. They screwed up by breaking the rules.

[Boiler 46,141]

They have not screwed anything up, they just carry on carrying on.

[Avery Cates 1,141]

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.

I'm sure he'd be happy to do all the paperwork for you too.

ProTip: They get paid whether or not any of your petitions are approved.

[Collie 122]

oh wow what a complex case... I honestly have to agree with the others. Your lawyer has given you incorrect information and he or she has absolutely no extra veto power over the USCIS. The siblings cannot adjust status just as easily as you were informed that they could as they are out of status and illegal aliens right now. The only exception to this is if they were brought to the US by their parents when they were children. They face serious consequences if you even try and could be banned. It would look better if they leave the US now and then potentially apply 10 years from now.

If any of them have children themselves and the child is a USC then they may have a slim chance if they can prove that exile would prove to be a hardship to the child.

[Boiler 46,141]

That is funny, you go on about bad information and then provide it!

Sorry but I had to laugh.

[Collie 122]

Boiler...are you referring to my post and how about if you are, being more specific than judgmental.

[Boiler 46,141]

There is no exception due to being brought in as a child.

Children can not file waivers for parents.

[Collie 122]

Actually under the DACA program, there is an exception for the siblings to be given deferred action. The mother cannot petition but the children can petition themselves if they meet the criteria.

http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process%C2'>

[Boiler 46,141]

DACA is not adjustment of status, you easily look up what it is and is not.

[Collie 122]

Ok. I'm not getting into an argument with you. Good luck to the op.