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RafaelC

Bringing mom and minor sibling to USA (merged topics)

By RafaelC in Bringing Family Members of US Citizens to America

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RafaelC Newbie

RafaelC   1

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Filed: K-1 Visa Country: Venezuela
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Posted

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?

 

 

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RafaelC Newbie

RafaelC   1

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Filed: K-1 Visa Country: Venezuela
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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.

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

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 by aaron2020
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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

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 by aaron2020
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Nitas_man Experienced

Nitas_man   3,100

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Filed: Other Country: Saudi Arabia
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Posted (edited)

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 by Nitas_man
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  • Ryan H changed the title to Bringing mom and minor sibling to USA (merged topics)
Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Posted

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

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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RafaelC Newbie

RafaelC   1

Posted
Filed: K-1 Visa Country: Venezuela
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22 hours ago, 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.  

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

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