manyfudge

Was your husband a US citizen when he petitioned? Did he become one in the interim? I hope not as this could mess up her application. The ship has sailed but YOU could have sponsored your stepdaughter instead as you married her father before she turned 18. There is no quota for stepchildren under 21 provided parent’s marriage happened below age 18. As to your question, F2A did not move for a long time and i suspect that she will be done her degree by the time her date is current. And the danger is that she could age out (she does have 3 years of CSPA protection).

1) Yes, just a guideline. 2) In practice, it is done all the time - but the school board can always sue you for tuition. Is the child here now?

Well, according to this ILRC memo, your income because you are on DACA is admissible. I don't know how it works in practice. Page 9. "If the intending immigrant has employment authorization (and also qualifies as a household member because they are residing with the sponsor, or are the sponsor’s spouse or claimed dependent), the petitioner/sponsor can also include the intending immigrant’s income. Example: George has DACA, and is currently employed. His wife, Ruby, is petitioning for him. She is a full-time student. The couple can include George’s income to show that they meet the Affidavit of Support requirements because he has employment authorization through DACA. To include a household member’s income, the household member and sponsor must together complete and sign the Form I-864A Contract Between Sponsor and Household Member. As the name suggests, this is a contract between the contributing household member and the sponsor. In that contract, the household member agrees to be jointly and severally liable for all of the sponsor’s obligations under the Affidavit of Support. In other words, the household member would be just as responsible as the sponsor would be if the sponsor were sued and had to pay out money (see Section VI for more on sponsor obligations and liability). Unlike other household members, the intending immigrant does not have to sign an I-864A, as long as she is immigrating by herself (i.e., she is not immigrating with a spouse or child)." I would engage a lawyer. Not sure I trust USCIS to follow the rules.

Have you worked for 10 years in the US and have 40 SS quarters? If not, get a cosponsor.

@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.

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.

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.

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).

Is this for a spouse? If so, why did you not submit at the same time as i130?

https://www.cliniclegal.org/sites/default/files/2023-03/Frequently Asked Questions About Form I-134 and I-134A.pdf You have to look at this table. https://www.uscis.gov/i-864p How many are you in your household? I assume just you. If so, you need enough income for 5 (1 + 4). $43, 925.

Some sources say yes, others say no. There was a wolfsdorf memo that said no, but the link is dead. If you read the law, it explicitly permits the filing of a labor petition. Nothing about adjustment of status.

It is the processing time for the i130 which matters but i would be very surprised if it were shorter than 4 months. What’s the date on the i130 approval? Should be a 797 notice.

You are 100% fine. How old was sister? 21 + ? months? She is most likely fine too as the processing time was longer then ? months?

How old were you on Jan 1, 2021? That was when your ages were frozen as that is when your priority date became current. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-january-2021.html Looks like you sought to acquire in good time.

1) 23 yo - could take a decade at this point even if you married his father while he was under 18. 2) 18yo - you likely married his father while he was under 18. File an i130 for him asap.

1) yes, get your spouse to sponsor 2) naturalize anyway

No need to wait! Once @BaiBlueberry refiles i751, they can file N400.

Did you or did you not file a new i751? You and your mother need to do this. You have received excellent advice from @mindthegap and @Family. Aren’t you attending dental school at a fine and rich university downtown? Their financial office is generous and their law school does tons of probono work. If the fees are stopping you, they can and will help. What is your reason for not filing a new i751? And yes, once that is filed, file N400.

1) great, so you have updated ID. 2) you have refiled i751, right?

Different family. This one self deported to Canada.

@Jorolove, what are their academic qualifications?

Because it takes years and years to be adjudicated. They can get EADs and as I said, what court would deport parents of USC minors. Once the eldest USC kid is 18, join the military and get PIP. There was an Eastern European poster on here or maybe Reddit. Did the whole asylum thing after arriving on tourist visas. Lost the whole case eventually, but not without popping out 2 USC kids. Kids turned 21 (they had immigrated to Canada) and then returned here to sponsor parents. The poster was wondering if he could visit and adjust with Canadian passport.

On the other hand, they can get a decent education. Stay out of trouble. Zero drugs. Once they are done college, emigrate abroad. Keep up the French.

@Jorolove, pop out 1 or 2 anchor babies. That is a shorter wait for them. 21 years. They need to file for asylum ASAP. The ones who are screwed are their children. Both of them need to marry an American.

@Boiler, thanks. @MariusHeg, can’t your gf get an aupair position in Norway? https://www.aupair.com/find_family.php?quick_search=search&countryQ=152&language=en