Derivative I-485 applicant received a rejection notice

[Nadiia21 0]

Hello, I am a US citizen and filed I-130 for my mom. I included my 17 y.o. brother as a derivative applicant. The form was approved. After, they filled out 2 separate I-485s, which were mailed together. My mom's was approved, my brother's was denied likely because they included I-797 approval notice for I-130 only for my mom's application. 

Should my brother resubmit the exact I-485 application, crossing the old dates over and including my mom's I-797 (even though it is only addressed to her)?

[appleblossom 2,483]

20 minutes ago, Nadiia21 said:

Hello, I am a US citizen and filed I-130 for my mom. I included my 17 y.o. brother as a derivative applicant. The form was approved. After, they filled out 2 separate I-485s, which were mailed together. My mom's was approved, my brother's was denied likely because they included I-797 approval notice for I-130 only for my mom's application. 

Should my brother resubmit the exact I-485 application, crossing the old dates over and including my mom's I-797 (even though it is only addressed to her)?

 

I'm sorry to be the bearer of bad news, but you've misunderstood. Your brothers I-485 was denied because there's no way for him to be included on your mother's application - parent sponsorship has no derivatives.

 

He'll either need you to petition him (very long wait), or your mother will need to once she's a LPR (still a long wait, but not quite as long as if you do it). What is his current status in the US and when does it end?

[Crazy Cat 41,842]

58 minutes ago, Nadiia21 said:

Hello, I am a US citizen and filed I-130 for my mom. I included my 17 y.o. brother as a derivative applicant. The form was approved. After, they filled out 2 separate I-485s, which were mailed together. My mom's was approved, my brother's was denied likely because they included I-797 approval notice for I-130 only for my mom's application. 

Should my brother resubmit the exact I-485 application, crossing the old dates over and including my mom's I-797 (even though it is only addressed to her)?

 

Unfortunately, you have made several serious mistakes.  I wish you had come here before filing :

1.  Your mother can have no derivatives. She is an immediate relative of a US citizen.  You need to file a separate I-130 for your brother.

2.  Your brother cannot adjust status through you as his priority date will not be current for more than 10 years in the future....maybe 20 years.

3.  Your mother, as a legal resident, can file an I-130 for your brother, but it will be several years, minimum, before his priority date is current.

Do not allow your brother to file another I-485 now.  It will be denied also.  If his I-94 has expired, he is out of status.

I suggest you find someone who is knowledgeable of the process or an immigration attorney to help.  

 

 

Edited February 1 by Crazy Cat

[Boiler 45,478]

You need to share some facts

 

I assume your Brother is in the US what is his status, is he visiting?

 

When does his status expire? Or when did it expire. 

 

Which office is your Mother going through, could be sometime before she can adjust.

[Nadiia21 0]

3 hours ago, appleblossom said:

 

I'm sorry to be the bearer of bad news, but you've misunderstood. Your brothers I-485 was denied because there's no way for him to be included on your mother's application - parent sponsorship has no derivatives.

 

He'll either need you to petition him (very long wait), or your mother will need to once she's a LPR (still a long wait, but not quite as long as if you do it). What is his current status in the US and when does it end?

Thank you for your response. My brother and mom came here as parolees by the "United for Ukraine" program. He can stay here until the middle of July 2024. He could also apply for a student visa, since he is graduating this year, but I'm not sure whether that will allow him to be qualified for student grants. 

What would be the best course of action?

[appleblossom 2,483]

8 minutes ago, Nadiia21 said:

Thank you for your response. My brother and mom came here as parolees by the "United for Ukraine" program. He can stay here until the middle of July 2024. He could also apply for a student visa, since he is graduating this year, but I'm not sure whether that will allow him to be qualified for student grants. 

What would be the best course of action?

 

Phew, at least he's not out of status, that's good. I would petition for him urgently, so at least that's underway and he's got a place in line. And then you need to see if you can work out another route for him to stay longer term - a student visa is a good idea if you have the funds, but will only buy him a few years and he'll still be a long way off being able to adjust status through you or his Mom at that point. So you may need to be prepared for him to return to your home country whilst he waits for his PD to become current. 

 

Best of luck to you.

Edited February 1 by appleblossom

[Crazy Cat 41,842]

15 minutes ago, Nadiia21 said:

mom came here as parolees

Her I-485 was approved?

[Nadiia21 0]

1 hour ago, Crazy Cat said:

Her I-485 was approvedT

1 hour ago, appleblossom said:

 

Phew, at least he's not out of status, that's good. I would petition for him urgently, so at least that's underway and he's got a place in line. And then you need to see if you can work out another route for him to stay longer term - a student visa is a good idea if you have the funds, but will only buy him a few years and he'll still be a long way off being able to adjust status through you or his Mom at that point. So you may need to be prepared for him to return to your home country whilst he waits for his PD to become current. 

 

Best of luck to you.

 

I'm not sure whether it's better to file i-130, and then wait for a window to file i-485, or wait until my mom gets her GC and applied for his i-485. In the meantime I believe I can apply for a TPS status for him. https://www.mmhpc.com/biden-extends-and-redesignates-temporary-protected-status-tps-to-ukrainians-in-the-u-s-since-august-16-2023/

1 hour ago, Crazy Cat said:

Her I-485 was approved?

They requested her medical paperwork to be done and we already mailed it about a month ago.

[appleblossom 2,483]

24 minutes ago, Nadiia21 said:

I'm not sure whether it's better to file i-130, and then wait for a window to file i-485, or wait until my mom gets her GC and applied for his i-485.

 

Neither of those are an option. He's not eligible to adjust status. 

[Boiler 45,478]

3 hours ago, Nadiia21 said:

Thank you for your response. My brother and mom came here as parolees by the "United for Ukraine" program. He can stay here until the middle of July 2024. He could also apply for a student visa, since he is graduating this year, but I'm not sure whether that will allow him to be qualified for student grants. 

What would be the best course of action?

 

TPS

 

Student Visa

 

Does he heave a US Girlfriend?

[Nadiia21 0]

5 hours ago, appleblossom said:

 

Neither of those are an option. He's not eligible to adjust status. 

Why so? He still has those 2 options, both of them just would take time, if I'm understanding this right.

[Cathi 5,747]

Your brother will never be eligible to adjust status. As in never, ever. It's the law. Period. End of story.

[appleblossom 2,483]

5 hours ago, Nadiia21 said:

Why so? He still has those 2 options, both of them just would take time, if I'm understanding this right.

He doesn’t currently have those options. He may do when his PD is current, but he’d need to be in the US on another status in 20-30 years or so for that to be possible. So unless you can think of a way to keep him there that long, AOS won’t be an option for him. 

Edited February 2 by appleblossom

[manyfudge 291]

2 hours ago, appleblossom said:

g, AOS won’t be an option

Not necessarily so.

 

@Nadiia21:

 

1) apply for TPS

2) as soon as your mom gets her GC, she files an i130 for him.

3) as long as he is in the US, they can use the “dates for filing” chart which is a few years ahead of “dates of final action” chart

4) it is possible that as a child under 21, he can file i485 when his date is current.

 

 

Your other mistake was not filing i130 and i485 for your mom concurrently! She would already have her GC by now and be able to sponsor your brother and get his place in line.  Even sadder, he  could have filed i485 because the priority date WAS current for F2A. 

 

Your mom got her GC? She needs to file an i130 for your brother NOW.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

 

It is only a few months behind (Sept 2023 F2A).

 

 

[manyfudge 291]

7 hours ago, Cathi said:

be eligible to adjust status. As in never, ever. It's the law. Pe

Not true.  It’s a race against time.

 

As I outlined above, they made a couple of mistakes but chances are good with TPS and as an F2A beneficiary, he can adjust before he is 21.