Green Card for my Brother

[Spartak 1]

Hey Everyone. I have a questions. My brother is 19 years old and living in the USA for 10 years. He got approved with Deferred Action for Childhood Arrivals (DACA). Im US Citizen. My mother got her Green Card and applied i-130 for him In July 2015. On November 16th , 2015 his I -130 got approved. When should we file i-485? How long its going to take for him to get his Green Card thru my Mom? Thank you.

[Hypnos 6,576]

How did he most recently enter the US?

[Spartak 1]

How did he most recently enter the US?

He did enter in the USA with B-2 Visa.

[Hypnos 6,576]

Unfortunately he isn't eligible to file for AoS since he isn't an immediate relative of a US citizen. And if he's 19 now then your mother won't be able to naturalise before he turns 21, so that won't help.

How old was he when his DACA was approved (in years and months)?

[abg 25]

Hey Everyone. I have a questions. My brother is 19 years old and living in the USA for 10 years. He got approved with Deferred Action for Childhood Arrivals (DACA). Im US Citizen. My mother got her Green Card and applied i-130 for him In July 2015. On November 16th , 2015 his I -130 got approved. When should we file i-485? How long its going to take for him to get his Green Card thru my Mom? Thank you.

since he is on deferred status, you should wait until his priority date becomes current before filing 485.

[Hypnos 6,576]

since he is on deferred status, you should wait until his priority date becomes current before filing 485.

He hasn't maintained a lawful nonimmigrant status, so is ineligible to file for AoS other than through being an immediate relative of a US citizen, which he isn't.

Depending on his exact age on the day his DACA was approved he may be able to pursue an immigrant visa from overseas without having to deal with an overstay bar.

[Spartak 1]

He is on DACA since he was 16,5 years old.

[Hypnos 6,576]

Ok that's good, it means he doesn't have any unlawful presence issues (because that only begins when you turn 18). Unfortunately, the bad news is as I said above: he cannot adjust status because he has failed to maintain a lawful nonimmigrant status. The only way he can file for AoS is through being an immediate relative of a US citizen, and he is not.

Given that he has no overstay issues, he has a path to an immigrant visa once his priority date becomes current on F2A. If he's 19 now then it's going to be close with the dates, but under CSPA you can deduct the four months his I-130 was pending with USCIS, and hopefully that will be enough to keep him eligible.

Assuming his CSPA age is under 21 once his priority date becomes current, he would interview overseas for an immigrant visa, and upon (re-)entry to the US would automatically become an LPR.

It goes without saying that you should speak to an immigration attorney, and ideally one knowledgeable about DACA, to confirm all this before doing it.

[Spartak 1]

Ok that's good, it means he doesn't have any unlawful presence issues (because that only begins when you turn 18). Unfortunately, the bad news is as I said above: he cannot adjust status because he has failed to maintain a lawful nonimmigrant status. The only way he can file for AoS is through being an immediate relative of a US citizen, and he is not.

Given that he has no overstay issues, he has a path to an immigrant visa once his priority date becomes current on F2A. If he's 19 now then it's going to be close with the dates, but under CSPA you can deduct the four months his I-130 was pending with USCIS, and hopefully that will be enough to keep him eligible.

Assuming his CSPA age is under 21 once his priority date becomes current, he would interview overseas for an immigrant visa, and upon (re-)entry to the US would automatically become an LPR.

It goes without saying that you should speak to an immigration attorney, and ideally one knowledgeable about DACA, to confirm all this before doing it.

Thank you. How long is waiting until his priority date becomes current?

[Hypnos 6,576]

The latest visa bulletin (December) has F2A at June 2014, so hopefully no longer than a year or so. As I said, under CSPA he has four months in reserve that you can use if needed. Hopefully he only just turned 19, to give him some extra time.

Edited November 19, 2015 by Hypnos

[Boiler 45,517]

Ok that's good, it means he doesn't have any unlawful presence issues (because that only begins when you turn 18). Unfortunately, the bad news is as I said above: he cannot adjust status because he has failed to maintain a lawful nonimmigrant status. The only way he can file for AoS is through being an immediate relative of a US citizen, and he is not.

Given that he has no overstay issues, he has a path to an immigrant visa once his priority date becomes current on F2A. If he's 19 now then it's going to be close with the dates, but under CSPA you can deduct the four months his I-130 was pending with USCIS, and hopefully that will be enough to keep him eligible.

Assuming his CSPA age is under 21 once his priority date becomes current, he would interview overseas for an immigrant visa, and upon (re-)entry to the US would automatically become an LPR.

It goes without saying that you should speak to an immigration attorney, and ideally one knowledgeable about DACA, to confirm all this before doing it.

Dacabilly?

[Hypnos 6,576]

Dacabilly?

Makes no difference whatsoever. OP's brother entered legally (B-2) but did not maintain status. Arrabally doesn't change that.

[Boiler 45,517]

I need to check, I guess I was thinking a reentry might no longer be an over stay.

[Hypnos 6,576]

Thinking about it some more... maybe. Re-entry on DACA AP is far from guaranteed though. I suspect the immigrant visa solution would be easier, but exploring the possibilities with a lawyer would be smart.

[Boiler 45,517]

Thinking about it some more... maybe. Re-entry on DACA AP is far from guaranteed though. I suspect the immigrant visa solution would be easier, but exploring the possibilities with a lawyer would be smart.

Never seen anybody have issue with DACA AP and if it had happened would have thought somebody would have said but otherwise agree.