Mother wants me to travel to the U.S. to include me in her i-485

[mathewax123 2]

Hello, I need some guidance, my mother, currently in the U.S wants me to travel intermediately there so she can include me as a dependent and apply for a green card along with her, so she obviously filed a 485, but she told me it had already been accepted, I inferred she may file a 824 in order to include me in her petition, or she probably hasn't even filed it yet. I would kill for a green card, but if I go right now and submit my own 485 as her dependent as soon as I arrive, will it be denied? Since according to what have I read, there's a 30/60/90 day rule recommended when adjusting status, and my mother fulfills that rule, but I don't, so to my understanding if I file as soon as I arrive I break my intended visa purpose, which can carry some harsh sanctions, can my 485 make her 485 be denied? Because if only my 485 doesn't get approved, I would be willing to try, as I don't endanger her green card. I will be 19 within a month, should I wait for her to be a resident and then ask her to petition me before I turn 21 (something that I don't know if its covered by the CSPA) and I will go through consular processing and all that (I know it takes some years (~3), but I need them to finish my studies (4)). Should I take the risk or play it safe?

[kzielu 1,149]

17 minutes ago, mathewax123 said:

Hello, I need some guidance, my mother, currently in the U.S wants me to travel intermediately there so she can include me as a dependent and apply for a green card along with her, so she obviously filed a 485, but she told me it had already been accepted, I inferred she may file a 824 in order to include me in her petition, or she probably hasn't even filed it yet. I would kill for a green card, but if I go right now and submit my own 485 as her dependent as soon as I arrive, will it be denied? Since according to what have I read, there's a 30/60/90 day rule recommended when adjusting status, and my mother fulfills that rule, but I don't, so to my understanding if I file as soon as I arrive I break my intended visa purpose, which can carry some harsh sanctions, can my 485 make her 485 be denied? Because if only my 485 doesn't get approved, I would be willing to try, as I don't endanger her green card. I will be 19 within a month, should I wait for her to be a resident and then ask her to petition me before I turn 21 (something that I don't know if its covered by the CSPA) and I will go through consular processing and all that (I know it takes some years (~3), but I need them to finish my studies (4)). Should I take the risk or play it safe?

Based on what she filed I-485 ?

No derivative beneficiaries in immediate relative categories, so she can't "include" you. 

[NigeriaorBust 4,087]

 How is she getting her GC ? Coming to the US as a non immigrant with intentions of staying ( with a B visa or VWP )  is fraud and can get you banned.

[Hypnos 6,576]

As stated, an I-485 does not allow derivatives.

[Boiler 45,481]

And there is no 30/60/90 day rule.

 

Hopefully we have covered everything.

[canadian_wife 1,822]

Agree with all of the above.  

 

How is your mother able to adjust status?  Do you already have a tourist visa to the United States?

 

Good luck 

[mathewax123 2]

1 hour ago, canadian_wife said:

Agree with all of the above.  

 

How is your mother able to adjust status?  Do you already have a tourist visa to the United States?

 

Good luck 

She won't tell me, she thinks that the NSA is intercepting all messages or calls regarding it so she just gives very vague details, she wants me to go to give them to me personally, my guess is that she got married with an U.S citizen or even an employment based green card (although I doubt so because she only has a high school diploma. She did enter the country in a tourist visa but is already over 60 days there. I got confused on the i485 stuff because I read in the filling instructions that other derivatives (such as children) can be included to adjust status, so I guess that's what she based it on.

"

Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g. Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family members to apply as derivative applicants. See the Additional Instructions for more details. "

 

I read that and, to my understanding, you could include derivatives, of course not in all the categories. But all I know about immigration is what I've read, I have no real experience, I just wanted to be sure if I should risk my studies in order to be able to be a resident, but based on the responses, it's not looking good, thank you all.

[kzielu 1,149]

33 minutes ago, mathewax123 said:

She won't tell me, she thinks that the NSA is intercepting all messages or calls regarding it so she just gives very vague details, she wants me to go to give them to me personally, my guess is that she got married with an U.S citizen or even an employment based green card (although I doubt so because she only has a high school diploma. She did enter the country in a tourist visa but is already over 60 days there. I got confused on the i485 stuff because I read in the filling instructions that other derivatives (such as children) can be included to adjust status, so I guess that's what she based it on.

"

Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.” A derivative applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g. Some immigrant categories do not allow for derivative applicants, while a few categories allow additional family members to apply as derivative applicants. See the Additional Instructions for more details. "

 

I read that and, to my understanding, you could include derivatives, of course not in all the categories. But all I know about immigration is what I've read, I have no real experience, I just wanted to be sure if I should risk my studies in order to be able to be a resident, but based on the responses, it's not looking good, thank you all.

It's not looking good at all. I-485 needs and underlying petition to succeed. If she got married to US citizen, he filed I-130 so she could file I-485 (they could have been filed concurrently). I-130 in immediate relative category does not allow derivative beneficiaries. Simple as that. Also, it would be fraud to go there with immigrant intent using tourist visa. 

If she got married after your 18th birthday (which sounds like she did), her husband also will not be able to file a stepchild I-130 petition for you. To summarize - if you go, you'll be screwed.

[Boiler 45,481]

Seems she needs help and not of an Immigration sort.

[Coco8 1,042]

If she got married, she can file for you from the US when she gets her green card. It takes 2 years as long as you are under 21. You don't have to be physically in the US for this. What it is more, you should not be in the US because 2 years is too long and you'd be out of status and it would not be forgiven.

 

She cannot get a green card through job if she only has high school. I mean, there are exceptions but a green card with high school would take over 5 year wait. She has been in the US for 60 days so it is impossible.