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  • Info needed on Family Based Immigration

    Hello Everyone. I am seeking answer to below. Please help with any information:

    I am a US citizen.

    I want to know the fastest way to bring my unmarried brother age 25 and mother age 62 to the USA. They both are B1 visa holders.

    1. Applying Green card for Mother while she is inside the USA and then

    2. Mother applies for a green card for my brother and 2 sisters. My sisters are in the USA. 1 is on a H1 B visa- Her visa expires in 2022.
    And the other one is on a student visa enrolled in a school.
    What is the processing time if my mother applies for my brother and 2 sisters.

    3. Can my brother come to USA on B1 visa while his GC application is in process or file for Canada immigration

    4. Is it possible to file for GC only for my mother even though my father is still alive?

    My biggest concern is my brother, what should we do? If my mother files for him ; It would take about 8 years.
    If my mom files for him, how much time does she need to wait after getting her GC? Can my brother study in the USA on F1 while his Green card is in process?

    Thanks,
    Reema
    Last edited by Reema J; 09-15-2020, 03:38 PM.

  • #2
    For you mother, it is easy. Just file for her, if she is not in the USA, that will take about 1-2 years and if she is in the USA, adjust her status- that is immediate.

    READ the SEPTEMBER VISA bulletin ( F4): If you applied for your bother/sister, let just say 15 years if the status quo is maintain.

    If your mom applies for him after she has her permanent resident, it may be lucky to get it in 5-7 years since they are adults.

    I am also assuming you are not from Mexico or the Philippines.

    If not, the easiest way for them would be to get married with US Citizens.

    My Dad is USC, I have been waiting for 12 years now. I finally filed my AOS in May. STILL WAITING.

    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted and explained why I am EXEMPT from I-864
    06/03 Rejected again-same reason -I wrote them
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485 but not to I-765
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    09/29 I-131 Approved
    10/02 EAD/AP received

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    • #3
      Originally posted by Reema J View Post
      Hello Everyone. I am seeking answer to below. Please help with any information:

      I am a US citizen.

      I want to know the fastest way to bring my unmarried brother age 25 and mother age 62 to the USA. They both are B1 visa holders.

      1. Applying Green card for Mother while she is inside the USA and then

      2. Mother applies for a green card for my brother and 2 sisters. My sisters are in the USA. 1 is on a H1 B visa- Her visa expires in 2022.
      And the other one is on a student visa enrolled in a school.
      What is the processing time if my mother applies for my brother and 2 sisters.

      3. Can my brother come to USA on B1 visa while his GC application is in process or file for Canada immigration

      4. Is it possible to file for GC only for my mother even though my father is still alive?

      My biggest concern is my brother, what should we do? If my mother files for him ; It would take about 8 years.
      If my mom files for him, how much time does she need to wait after getting her GC? Can my brother study in the USA on F1 while his Green card is in process?

      Thanks,
      Reema
      Based on your first name, I am assuming you are from India. If so, the wait for brothers/sisters is 15 years or more.

      Easiest way:
      1. Have your mother visit you on B1. Wait 3 months from date of entry. On Day 95, say, you can file I130 and AOS,concurrently.

      2. It would take between 1 month and 6 months, depending upon where you are located in the country for this AOS to complete. Then your mother would be green card holder.

      3. Have your brother come on non-immigrant, but longer term visa, e.g., F1. Sister is already here, on H1, so no issue.

      4. After your mother is green card holder, have your mother file for her children. The wait will be 5-6 years. However, DO NOT tell your siblings that mother has filed. Your sister can continue on H1-based option in parallel (PERM, I140, AOS, etc.). During this time, if your brother applies for any visa (e.g., F1), he must answer correctly to 2 questions: relatives in US? (Brother= citizen; mother = green card hodler). But he can correctly answer "Has anyone filed for an immigrant visa on your behalf?" as NO, since you and your mother do not inform your brother as yet.

      5. In the interim, if your brother marries some green card holder / citizen, he goes that route. If not, his studies, and post studies OPT (assuming Science, Technology, Engineering, Mathematics field) would kill about 4 years. At this point, you can tell him,and mother's green card based filing for your brother would get close.

      6. BONUS (some potential acceleration in time), if your mother becomes citizen after 5 years. But this is not necessary.

      Catch? After becoming green card holder, your mother would need to spend about 6 months each year in the US. If your father has no interest in traveling to the US, then your mother alone could get lonely at home, when you are at work; and it may also create tensions between your two parents, given 50% separation each year. So think through it. Families have done it this way.
      --
      Marriage to US citizen based I130+CP
      7/21/18 Filed I130 @ Chicago Lockbox
      8/8/18 I797C (Notice of Action received)
      3/29/19 I130 approved
      5/15/19 NVC case/invoice email received.
      5/19/19 Paid all fees, submitted AOS, Civil Documents and DS260
      8/14/20 NVC marked the case complete, waiting for visa interview date.

      Total wait: 26 months+ ... still waiting! Who knows when, due to covid

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