Bringing mom and minor sibling to USA (merged topics)

[RafaelC 1]

Hello everyone!

 

I'm planning on filing a relative petiton for my mom in Venezuela, so far the steps for doing that are clear, however I'm trying to have my little brother (age 12) come with her.

According to what I've read he would have to be under a separete petition which has a lower priority for USCIS processing and could take north of ten years.

 

My question is, how long would my mom have to wait to file a petition for my brother after getting her LPR status?

 

 

[RafaelC 1]

Hello everyone!

 

I'm planning on bringing my family to live in the USA and I'm exploring options and alternatives.

 

I was wondering if having them file for asylum would affect any other immigration process I have in the works, family based petitions would work fine for my mom, however my underage brother (age 12) would have to be left behind while she gets her green card.

 

Currently my wife is a temporary resident (move to USA through K1 Visa) and I'm not sure if doing this would affect her status in the future.

 

[aaron2020 11,651]

There's no way for your mom and brother to immigrate together.

Once your mother enters the US with her immigrant visa, the immigrant visa becomes a temporary 1 year green card (I-551).  She can use that to immediately file an I-130 for her son.  Your mother can file for her son on the day she immigrates to the US.  

Your LPR mom can file for a Re-Entry Permit.  Once she has her biometrics, she can leave to return home.  The Re-Entry Permit allows her to spend up to 2 years abroad without abandoning her green card.  She will need to file US tax returns, have a permanent US address, etc. to maintain her legal permanent residency.  You need to Google this and research it carefully.  The Re-Entry Permit will allow her to go home to care for her son while waiting for his immigration case to proceed.  It will take about 2 years for her to petition for her son.  

Edited April 30, 2021 by aaron2020

[aaron2020 11,651]

Your wife's case is completely separate from a case for your mother.  One will not affect the other.

DO NOT FILE FOR ASYLUM.  A false asylum case will make it completely difficult for your mother to immigrate to the US.  For an asylum case, she has to assert that going back to Venezuela is dangerous for her.  If she goes back to care for your brother, her case will be denied for making a false claim for asylum.  The result would negatively affect other immigration processes such as you petitioning for her.  DO NOT DO THIS.  IT WILL NOT SAVE TIME.  TO BE BLUNT, THIS WOULD BE EXTREMELY STUPID.

As a US citizen, you can file for your mom.  It will take her 12-24 months to get an immigration visa.  There is no fastest way.  This is the best way to do this.

I have answered your question on the best way for your mother to immigrate and petition your brother in the other thread that you started.

Edited April 30, 2021 by aaron2020

[Nitas_man 3,100]

You got good advice on the other thread.  It’s usually not good to create multiple threads on the same issue.

Asylum would be pretty foolish.  Do not make a frivolous asylum claim.

Edited April 30, 2021 by Nitas_man

[Ryan H 3,834]

~~~Similar topics merged; please do not start multiple threads on the same issue.~~~

[RafaelC 1]

  On 4/30/2021 at 9:09 PM, aaron2020 said:

There's no way for your mom and brother to immigrate together.

Once your mother enters the US with her immigrant visa, the immigrant visa becomes a temporary 1 year green card (I-551).  She can use that to immediately file an I-130 for her son.  Your mother can file for her son on the day she immigrates to the US.  

Your LPR mom can file for a Re-Entry Permit.  Once she has her biometrics, she can leave to return home.  The Re-Entry Permit allows her to spend up to 2 years abroad without abandoning her green card.  She will need to file US tax returns, have a permanent US address, etc. to maintain her legal permanent residency.  You need to Google this and research it carefully.  The Re-Entry Permit will allow her to go home to care for her son while waiting for his immigration case to proceed.  It will take about 2 years for her to petition for her son.  

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Thank you so much for the quick reply! I will look into this.