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calengineer

Bringing Minor with B1/B2 and change of status possible?

By calengineer in Bringing Family Members of Permanent Residents to America

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calengineer Explorer

calengineer   4

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Hi,

I have a little confusing situation and I need some legitimate and good advice.

My mother one year ago got an approved 10 year b1/b2 visa to the USA to visit me. However, a little after that I became a US citizen and I helped both my parents come to the US legally and they have not obtained their residency.

Now the issue is this. I have a brother that is under 11 years old and is in Mexico. My mother and father want to get a visit visa for him to the US and then perhaps do a change of status for him.

Now my question is, is this possible?

The intend is so my brother doesn't stay in Mexico around 3 years until his visa becomes available. My parents don't want him to in the US with the tourist visa, but they him to visit the US while he has vacation.

Can he get a b1b2 visa considering his parents are US residents?

If he does get a visa, can he change status? What does changing status mean? Can he still travel between the US and Mexico or would he have to stay in the US until he gets his residency?

Please let me know your thoughts and ask me any questions to clarify anything.

Thank you in advance!

My Timeline - From when I became resident to now

My Photos - As time has passed by

VisaJourneySignature.JPG

N-400: Citizenship (Applying pursuant to INA 319(b))
Service Center : Fairfax, VA
CIS Office : Fairfax, VA
Date Filed : 15-Aug-2014
Bio. Appt. : 09-Sep-2014 (issued by error as applicant had already taken fingerprints overseas).
Bio. Appt Corrected. : 14-Sep-14 (Bio appt canceled by immigration since application already included fingerprint card).
Interview Appointment Received via E-Mail : 25-Nov-14
Interview Date, Place, and Status: 09-Dec-14 in Fairfax, VA (Accepted)
Same Day Oath Ceremony: 09-Dec-14
US Passport Received: 11-Dec-14
Comments : Applied pursuant to INA 319(b) on the basis of marriage to a U.S. citizen who is or will be regularly stationed abroad. Application sent to the Virginia office. Fingerprints taken at overseas embassy and sealed on enveloped to be sent with N-400 application.

I-130: IR-5 Visa (Wife Petitioned Parents)
Service Center : N/A
Consulate : Juarez, Mexico
I-130 Sent to Phoenix PO Box : 17-Feb-15
I-130 NOA1 : 24-Feb-15 (Routed to Nebraska Service Center)
I-130 NOA2 : 24-Jul-15 (Exactly 5 months or 150 days from NOA1)
NVC Received I-130 : 10-Aug-15
NVC Produced Case Number: 16-Aug-15
Received NVC Letter with Case Numbers: 24-Aug-15
Submitted DS-261 Online Forms: 25-Aug-15
Resubmitted one DS-261 as made a mistake: 25-Aug-15
Payed AOS Fees: 25-Aug-15 (USD 120.00 for both)
Sent I864: 07-Sep-15
Paid IV Fee: 29-Sep-15 (USD 325.00 for each)
Submitted DS-260: 06-Oct-15
I864 Reviewed: 07-Oct-15 (2014 W2 missing but NVC will proceed with interview as long as applicant takes it to interview)


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EAxTrueHollywood Contributor

EAxTrueHollywood   24

Posted
Filed: Citizen (apr) Country: Guatemala
 Timeline
Posted

I think she already did that, but the time it takes for his visa to become available is 2 and a half to 3 years. They just want him to be able to visit them while he waits.

The way I see it is they most likely will not issue him a visitors visa because they will be afraid he would stay in the US since he got inspected and would be available for AOS.

I recommended you get legal advise.

The immigration offficers will tell your parents that since they are LPR'a they have the freedom to travel so why won't they do that instead.

Package sent: 9/08/2016
Received: 9/10/2016
Checks cashed: 9/15/2016

Text/Emails: NONE!!!
NOA in mail: 09/19/2016 - Notice date: 9/14/2016
BIO Appt in the Mail: 09/22/2016 - Scheduled for 10/03/2016- COMPLETED
EAD/AP Approved: 11/15/2016
EAD/AP Received:
Interview:

GC Approved:

GC Received:

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted (edited)

Your brother can apply for a visitor visa. Or he gets a green card thru your parents.

Either way, B2 visas only allow short, temporary visits; illegal to enter on a B2 with an existing intent to change status.

Edit: Are your parents permanent residents? Your post is confusing.

Edited by KierenHby

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Your brother wouldn't be able to AOS via a visitors visa because he is not the immedate relative of a USC nor is there an available visa number for him. Why did your parents move and leave an 11 year old behind.

This will not be over quickly. You will not enjoy this.

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