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huongkhin

USC looking to change status for mother and brother

By huongkhin in Bringing Family Members of US Citizens to America

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
Posted (edited)

Hello VJ,

 

My mother and minor brother (her adopted son) are here on B2.

Scenario 1. If I file AOS for her while they're in the US, will he be able to follow to join as a derivative since he's underage?

 

Scenario 2. If I wait until they come back to their native country to file the petition, will he be able to join my mother?

Edited by huongkhin

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted (edited)
6 minutes ago, Transborderwife said:

AOS has no derivatives.  He would have to return home and have your mother file a petition for him once she's a permanent resident.  It'll take a few years.

Thank you.

If he overstays since he doesn't have guardian in his country, can my mother file F2A for him & complete the petition in the US?

Edited by huongkhin

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
1 minute ago, huongkhin said:

Thank you.

If he overstays since he doesn't have guardian in his country, can my mother file F2A for him & complete the petition in the US?

No.  His overstay would not be forgiven best for them all to return home then.

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted
5 minutes ago, Transborderwife said:

No.  His overstay would not be forgiven best for them all to return home then.

In that case, if they return home, he will be able to join my mother when her F1 petition is ready. Is this correct?

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted
2 minutes ago, Transborderwife said:

Sorry my brain is cloudy.  Are you a citizen or lpr?  If LPR you could not adjust their status anyways.

I'm a USC.

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
1 minute ago, huongkhin said:

I'm a USC.

In that case you'd file an immediate relative petition, not an F visa.  I'm uncertain if your sibling can be included in that, I believe that your mother would still have to file a petition for him.

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted
1 minute ago, Transborderwife said:

In that case you'd file an immediate relative petition, not an F visa.  I'm uncertain if your sibling can be included in that, I believe that your mother would still have to file a petition for him.

Yes, that's what I want to find out. If he can't join  then we have to find a guardian to look after him while he waits for his petition.

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted

Thanks! Hopefully someone with similar situation can share their experience.

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You can file for AoS for your mother as an immediate relative, but not your brother. 

 

If your brother overstayed, he also wouldn't be able to adjust status through his (now-LPR) mother due to the overstay. Once she became a US citizen he could, but that's a long time to be out of status, and he'd need to be under 21 on the day his AoS was filed. 

 

If you instead filed for an immigrant visa for her, she could enter and obtain her LPR status and then file for a re-entry permit and petition her son under F2A all at the same time. This would let her remain outside the US for up to two years, but she'd need to maintain her LPR status else the petition for your brother would be voided and her own LPR status may be jeopardised. 

 

It would take almost two years for his F2A priority date to become current. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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huongkhin Explorer

huongkhin   9

Posted
Filed: AOS (pnd) Country: Vietnam (no flag)
 Timeline
  • Author
Posted
On 4/8/2017 at 1:19 PM, Hypnos said:

You can file for AoS for your mother as an immediate relative, but not your brother. 

 

If your brother overstayed, he also wouldn't be able to adjust status through his (now-LPR) mother due to the overstay. Once she became a US citizen he could, but that's a long time to be out of status, and he'd need to be under 21 on the day his AoS was filed. 

 

If you instead filed for an immigrant visa for her, she could enter and obtain her LPR status and then file for a re-entry permit and petition her son under F2A all at the same time. This would let her remain outside the US for up to two years, but she'd need to maintain her LPR status else the petition for your brother would be voided and her own LPR status may be jeopardised. 

 

It would take almost two years for his F2A priority date to become current. 

Thank you @Hypnos.

The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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