Citizen mother looking to petition for children over 21

[Boiler 46,141]

What argument?

[Cathi 5,794]

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.

,

no, I said children over the age of 21 cannot file concurrently, I didn't say no one ever could. Your case was filed that way because you were under 21 at the time. There are totally different rules for children over the age of 21, they are no longer an immediate relative. Clearly when you spoke to the lawyer either you left out vital information and dates, or they misunderstood, or they were just plain wrong. Did you speak to an immigration attorney? And just a note, just because someone is an immigration attorney doesn't mean they are a good immigration attorney. Before I filed the petition for my husband(it was before i found VJ, I didn't stumble upon VJ until after we received NOA2) I paid $100 bucks to consult with a so called "experienced" and "reputable" immigration attorney who was referred to me by the attorney I use for other things, I asked a lot of questions and took lots of notes. He told me I would have to send the affidavit of support to the USCIS along with the petition, he told me to file a K-3 in addition to the I-130 to get my husband here faster, and he told me I would not be able to use my disability as income for the I-864. He wanted $2500 to file the petition for us and an additional $1000 to file the K-3 . He was clearly wrong about sending the I-864 to the USCIS, he was wrong in telling me to file a K-3(as we know the K-3 is obsolete, but at the time I had no clue, he was just looking for extra money from me) and he was wrong about not being able to use my disability as income for the I-864(I used it and didn't have any issues whatsoever in getting the I-864 approved). He was taking advantage of the fact that I knew little about the process. There were several other things he was wrong about as well. This all coming from a so-called experienced attorney. After the consult I came home and did some online research and discovered much of what he told me was wrong and saw no reason to use an attorney at all seeing that our case was pretty straightforward, I felt he was just trying to rip me off. The cases of your family members are complicated, you should go to immigrate2us.net, a site where they deal with complicated cases. Do a search there for an attorney named Laurel Scott, she has an open chat on Wednesdays and she gives free advice in the chat. From what I understand she knows her stuff. Good luck

[Boiler 46,141]

I would not this case is that complicated, actually there are multiple cases.

There are certainly decisions to be made which may be complicated.

[aleful 1,905]

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!!

Hi

it's not complicated at all, just different situations

number 1 and 2 shouldn't have been mentioned at all, they are legal, so no immigration petition required

number 3 and 4 will be petitioned when their LPR children become USC, since overstay is forgiven having entered legally to the country.

numbers 8 and 9 can have a petition since they are in Brazil

the problem lies with children 5 through 7, they cannot file concurrently, for children over 21 that doesn't exist

I was petitioned by my USC mom being over 21, I adjusted status in the US because I was under the 245i law that closed on April 30th 2001, but even then, you have to wait until your priority date becomes current. I had to wait 5 1/2 years until I could submit my AOS packet. I entered the US with a tourist visa and overstayed

there are cases that are still waiting for AOS under the 245i law because of the long wait, such as children over 21, married or unmarried and siblings of USC from Mexico or Philippines that have to wait over 15 years, maybe 20 t0 25 years

[aaron2020 11,651]

Hi

it's not complicated at all, just different situations

number 1 and 2 shouldn't have been mentioned at all, they are legal, so no immigration petition required

number 3 and 4 will be petitioned when their LPR children become USC, since overstay is forgiven having entered legally to the country.

numbers 8 and 9 can have a petition since they are in Brazil

the problem lies with children 5 through 7, they cannot file concurrently, for children over 21 that doesn't exist

I was petitioned by my USC mom being over 21, I adjusted status in the US because I was under the 245i law that closed on April 30th 2001, but even then, you have to wait until your priority date becomes current. I had to wait 5 1/2 years until I could submit my AOS packet. I entered the US with a tourist visa and overstayed

there are cases that are still waiting for AOS under the 245i law because of the long wait, such as children over 21, married or unmarried and siblings of USC from Mexico or Philippines that have to wait over 15 years, maybe 20 t0 25 years

245i is not available to new I-130s filed now.

[Boiler 46,141]

That was pointed out.

Seems like the OP has moved on, posting on other topics.