Derivative I-485 applicant received a rejection notice

[Nadiia21 0]

2 hours ago, manyfudge said:

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).

 

 

Thank you for your suggestion.

If i-130 and a GC will be filed for my brother and his parole expires, can he stay here without having TPS to wait for his GC to be approved?

[SalishSea 17,970]

20 minutes ago, Nadiia21 said:

Thank you for your suggestion.

If i-130 and a GC will be filed for my brother and his parole expires, can he stay here without having TPS to wait for his GC to be approved?

No.   He would have to be in status when a visa is available for him, which could be 20 years.

[Boiler 45,733]

31 minutes ago, Nadiia21 said:

Thank you for your suggestion.

If i-130 and a GC will be filed for my brother and his parole expires, can he stay here without having TPS to wait for his GC to be approved?

No

 

I would strongly suggest you employ a competent Immigration Lawyer.

[manyfudge 291]

30 minutes ago, Nadiia21 said:

he stay here without having TPS to wait for his GC to be approved

He needs TPS, and as i said, your mother should file.

 

You should hire a lawyer.  Your mother could have had her GC by now had you known to file i485 WITH i130.  And as I said, there was a window last year where your mother (had she had a GC) could have filed for your brother AND he could have filed i485.

[manyfudge 291]

@Nadiia21, he needs TPS until the day he gets a GC in his hands.

 

You might have already cost him over 10 years of delay by not filing i485 and i130 for your mother simultaneously.  Also, you could have submitted i693 (medical) with the whole i130/i485 package.

 

And with Trump most likely winning the election, TPS renewal is iffy.  

Don’t fool around. 
 

1) apply for his TPS now

2) call your senate and congressperson - get your mom’s i485 adjudicated asap.

3) prepare your mother’s i130 filing for your brother so it is ready to go. 
 

 

 

[Boiler 45,733]

There are other options, but probably TPS is the most likely

[Crazy Cat 41,984]

2 hours ago, Boiler said:

I would strongly suggest you employ a competent Immigration Lawyer.

I second this.  Sometimes, spending the money is the best course of action.