VERY tough situation - filing for siblings

[Demise 1,351]

3 minutes ago, APGG94 said:

Thank you so much for suggesting this option! I’ll bookmark and look into everything you shared. I can petition for my mother next year if that will be the fastest way to help them. 
 

My other two siblings are now over 21. Would I only be able to help my youngest sibling this way?

Youngest - yes, they will be petitioned in F2A meaning that everything will be fast. Ideally they'll be under 18.5 at the time (or if close they can leave before they turn 18 + 180 days old and do part of the waiting abroad) and can just do consular without needing a waiver.

 

Regarding the older two, F2B and later I-601A when their priority date becomes current 5 years later is still an option. It's not ideal but not ideal is always better than nothing at all. They can always abandon the F2B petition if they end up marrying a USC.

Edited August 22, 2020 by Demise

[APGG94 35]

3 minutes ago, Demise said:

Youngest - yes, they will be petitioned in F2A meaning that everything will be fast. Ideally they'll be under 18.5 at the time (or if close they can leave before they turn 18 + 180 days old and do part of the waiting abroad) and can just do consular without needing a waiver.

 

Regarding the older two, F2B and later I-601A when their priority date becomes current 5 years later is still an option. It's not ideal but not ideal is always better than nothing at all. They can always abandon the F2B petition if they end up marrying a USC.

Thank you SO MUCH! This is such a relief I feel like crying. 
 

Another thing! I didn’t mention that the oldest of the 3 has a child by a US citizen. They are all living with my grandma. Her child’s father was abusive and it’s court documented. He’s no longer in the child’s life and doesn’t pay child support or anything of the sort. 

[Demise 1,351]

Just now, APGG94 said:

Thank you SO MUCH! This is such a relief I feel like crying. 
 

Another thing! I didn’t mention that the oldest of the 3 has a child by a US citizen. They are all living with my grandma. Her child’s father was abusive and it’s court documented. He’s no longer in the child’s life and doesn’t pay child support or anything of the sort. 

VAWA if they were married (and divorced less than 2 years ago).

U-visa if she helped law enforcement regarding this.

 

Otherwise it won't really help much.

[APGG94 35]

Just now, Demise said:

VAWA if they were married (and divorced less than 2 years ago).

U-visa if she helped law enforcement regarding this.

 

Otherwise it won't really help much.

Thank you. They weren’t married so I’ll look into U Visa. I think info on U Visa was provided to her during the court process. 
 

Would I have to move everyone to Texas somehow in order to apply for them? I don’t even know how to go about that because I don’t think they can fly here...

[Demise 1,351]

7 minutes ago, APGG94 said:

Thank you. They weren’t married so I’ll look into U Visa. I think info on U Visa was provided to her during the court process. 
 

Would I have to move everyone to Texas somehow in order to apply for them? I don’t even know how to go about that because I don’t think they can fly here...

No, if she'd pursue U-visa she'd do it wherever she lives right now, you technically have no involvement in this case. Note that there has to police records and ideally an arrest and conviction. Biggest part will be getting I-918 Supplement B from the police department and then it's just filing (I-918, I-918 supplement B, I-192, I-765 under category code (c)(14), and most likely I-912 for a fee waiver for I-192 and I-765). Upon a prima facie determination she'll get deferred action and she can get a C14 work permit that way. U-visa waits are pretty damn long (over 4 years right now) but deferred action will protect her while she waits in the backlog and she can just keep renewing the DA and EAD that way.

Edited August 22, 2020 by Demise

[APGG94 35]

5 minutes ago, Demise said:

No, if she'd pursue U-visa she'd do it wherever she lives right now, you technically have no involvement in this case. Note that there has to police records and ideally an arrest and conviction. Biggest part will be getting I-918 Supplement B from the police department and then it's just filing. Upon a prima facie determination she'll get deferred action and she can get a C14 work permit that way. U-visa waits are pretty damn long (over 4 years right now) but deferred action will protect her while she waits in the backlog and she can just keep renewing the DA and EAD that way.

Thank you! Ideally I want a situation in which they can work and provide for themselves in the meantime so maybe that will help and I can focus on the younger too. I’ll explore all options! 
 

As for my other two siblings, will they have to move to Texas?

[Demise 1,351]

Just now, APGG94 said:

Thank you! Ideally I want a situation in which they can work and provide for themselves in the meantime so maybe that will help and I can focus on the younger too. I’ll explore all options! 
 

As for my other two siblings, will they have to move to Texas?

No, there's no requirement for the beneficiary to live with you or your mother in order to be petitioned.

[Lemonslice 4,986]

Are your older siblings single?

[APGG94 35]

53 minutes ago, Demise said:

No, there's no requirement for the beneficiary to live with you or your mother in order to be petitioned.

Thank you for answering all my questions! I truly appreciate it. 

13 minutes ago, Lemonslice said:

Are your older siblings single?

Yes my siblings are all unmarried and under 25. 

[Lemonslice 4,986]

3 minutes ago, APGG94 said:

 

Yes my siblings are all unmarried and under 25. 

If they are in serious relationships, they might want to discuss marriage with their partners.

[Demise 1,351]

36 minutes ago, APGG94 said:

Thank you for answering all my questions! I truly appreciate it.

Best of luck to you and your siblings. If you need me you can always PM me.

[Lil bear 4,347]

11 hours ago, APGG94 said:

Alright. Would my brother be able to adjust status? I’m not sure what would be the best route for him but I’m willing to try whatever I can. 

No. Siblings can’t adjust status if they are not in legal status. He just avoids the 10 year ban .. which starts when he exits the US 

[Demise 1,351]

1 hour ago, Lil bear said:

No. Siblings can’t adjust status if they are not in legal status. He just avoids the 10 year ban .. which starts when he exits the US 

Can't adjust but can still seek consular processing and yes if there's an overstay of 180 days after turning 18 doing so would trigger a re-entry ban. This is kinda where petitioning the parent and using I-601A waivers come into play.

[Lil bear 4,347]

3 hours ago, Demise said:

Can't adjust but can still seek consular processing and yes if there's an overstay of 180 days after turning 18 doing so would trigger a re-entry ban. This is kinda where petitioning the parent and using I-601A waivers come into 

Edited August 22, 2020 by Lil bear
Self deleted

[Unlockable 7,315]

*** Three nonconstructive posts removed. Do NOT make any sideways remarks about other member's advice. Stick to helping the OP and keeping to discussion civil.

 

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