Applying green card for my mother and younger brothers please help

[sdang003]

Hi, I am 28 yrs old married, permanent resident, becoming a US citizen sometime around january 2017. I will be applying for the green card for my mom and later 2 younger brothers after i gain citizenship. My brothers are unmarried and are 23 and 17 years old. My general plan is to apply for my mother's green card first and then apply green card for my brothers through my mom's green card. The brother who is 23 is already here in the US on a F1 visa. My other brother who is 17 years old is back home, and since he is under 21, i wanted to know if he can apply the green card with my mom as a minor so that he can be brought here with my mom somehow. I understand that my mom can later apply green card for my 17 yrs old brother through (F2A) Spouses and Children of Permanent Residents, and for my 23 yrs old brother through (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents. Please let me know if you know of a better approach. Thank you.

[newacct]

No. Your mom cannot have any derivative beneficiaries. She will have to file for them as F2A and F2B after she comes to the US. You can also file for them as F4, but that is much slower (except if the older one was born in Mexico; then F4 is faster than F2B).

[sdang003]

Oath Ceremony, citizenship, applying for mom's green card

No. Your mom cannot have any derivative beneficiaries. She will have to file for them as F2A and F2B after she comes to the US. You can also file for them as F4, but that is much slower (except if the older one was born in Mexico; then F4 is faster than F2B).

Thank you very much for your answer. My oath ceremony is scheduled for feb 2nd, so I understand that i will be receiving my certificate of naturalization after the ceremony. After i receive it can i apply for my mom's green card application in the next few days or do i have to wait untill i apply and receive a US passpport? Thank you again for your help.

[newacct]

Thank you very much for your answer. My oath ceremony is scheduled for feb 2nd, so I understand that i will be receiving my certificate of naturalization after the ceremony. After i receive it can i apply for my mom's green card application in the next few days or do i have to wait untill i apply and receive a US passpport? Thank you again for your help.

You can apply immediately. You can send out the application the same day you take the oath if you want to. You just need enough time after the oath to make a photocopy of your certificate to include, and to enter the certificate number on the I-130 form.

[sdang003]

Petition for my brothers

Hello all,

I am US citizen and over 21, married. I filled a petition for my mom and now am awaiting the nvc to send me the interview dates. After my mom arrives here after successful interview and issuance of permanent residence, I want to file petitions for my brothers (one is 18 and the other is 24). Can my mother file the petition with just her immigration visa or does she have to wait for the physical green card to arrive before filling the petition for my brothers? Thanks for any help.

[newacct]

Hello all,

I am US citizen and over 21, married. I filled a petition for my mom and now am awaiting the nvc to send me the interview dates. After my mom arrives here after successful interview and issuance of permanent residence, I want to file petitions for my brothers (one is 18 and the other is 24). Can my mother file the petition with just her immigration visa or does she have to wait for the physical green card to arrive before filling the petition for my brothers? Thanks for any help.

She can file the petition the day she enters the US. Her immigrant visa, stamped upon entry, turns into an I-551 which is proof of permanent residency.

[sdang003]

Petitioning my brothers for green card grandmom's date of birth unknown.

Hello all,

My mom has just arrived in the US in a green card visa and we are trying to petition my two brothers, one 18 who is back home and another 24 who is here in a student visa through my mom. While filling out the i-864 form, the form asks for my grandmom's date of birth. My grand ma is alive but has no records of her exact date of birth, she is around 76. What should i do while filling the i-864 form. We are petitioning my two brother through my mom with me being the sponsor, because my mom has just arrived and wont have any employement. Should we file the i-864 form and my affidavit of support together? Please help. Thanks.

[newacct]

Hello all,

My mom has just arrived in the US in a green card visa and we are trying to petition my two brothers, one 18 who is back home and another 24 who is here in a student visa through my mom. While filling out the i-864 form, the form asks for my grandmom's date of birth. My grand ma is alive but has no records of her exact date of birth, she is around 76. What should i do while filling the i-864 form. We are petitioning my two brother through my mom with me being the sponsor, because my mom has just arrived and wont have any employement. Should we file the i-864 form and my affidavit of support together? Please help. Thanks.

Hold on. You guys shouldn't be filing I-864 right now. I-864 Affidavit of Support is only filed when filing I-485 for Adjustment of Status or when doing Consular Processing abroad. The categories that the brothers are in all have a wait for visa numbers (unmarried under-21 child of permanent resident is in the F2A category, which currently has a wait of around 2 years; unmarried over-21 child of permanent resident is in the F2B category, which currently has a wait of around 7 years for people born in most countries (much longer for people born in Mexico or the Philippines)). Only that many years after the I-130 petition is filed can they proceed to the next step, either Adjustment of Status in the US (if they are in the US and in status at that time) or Consular Processing abroad, and only then is I-864 Affidavit of Support needed.

[sdang003]

Hold on. You guys shouldn't be filing I-864 right now. I-864 Affidavit of Support is only filed when filing I-485 for Adjustment of Status or when doing Consular Processing abroad. The categories that the brothers are in all have a wait for visa numbers (unmarried under-21 child of permanent resident is in the F2A category, which currently has a wait of around 2 years; unmarried over-21 child of permanent resident is in the F2B category, which currently has a wait of around 7 years for people born in most countries (much longer for people born in Mexico or the Philippines)). Only that many years after the I-130 petition is filed can they proceed to the next step, either Adjustment of Status in the US (if they are in the US and in status at that time) or Consular Processing abroad, and only then is I-864 Affidavit of Support needed.

Thank you.
Another question: We are filling out the i-130 form for my brother who is 24 and is in USA already in a F1 - international student visa. He is a full-time undergraudate student but works 6 hours per week on campus. In the form I130, pg 7, part 4, section 51 a. the form asks for beneficiary's employment information. Do we put his university's name and address in there even if he is a full time student and a part time worker? Thank you very much for all the help.

[sdang003]

Hold on. You guys shouldn't be filing I-864 right now. I-864 Affidavit of Support is only filed when filing I-485 for Adjustment of Status or when doing Consular Processing abroad. The categories that the brothers are in all have a wait for visa numbers (unmarried under-21 child of permanent resident is in the F2A category, which currently has a wait of around 2 years; unmarried over-21 child of permanent resident is in the F2B category, which currently has a wait of around 7 years for people born in most countries (much longer for people born in Mexico or the Philippines)). Only that many years after the I-130 petition is filed can they proceed to the next step, either Adjustment of Status in the US (if they are in the US and in status at that time) or Consular Processing abroad, and only then is I-864 Affidavit of Support needed.

So while completing the i-130, and since my mom has never been employed, In the employment history section can we just write unemployed? Will they question who is going to sponsor my brothers at this time of filing i-130? I will be sponsoring their petitions but will do that later during i-485 and i-864, right? I understand that I need to show my finances and fill out the affidavit of support later but for now, for just filing the i-130, they won't need to know who will be sponsoring the petition right? Thanks.

[newacct]

Thank you.
Another question: We are filling out the i-130 form for my brother who is 24 and is in USA already in a F1 - international student visa. He is a full-time undergraudate student but works 6 hours per week on campus. In the form I130, pg 7, part 4, section 51 a. the form asks for beneficiary's employment information. Do we put his university's name and address in there even if he is a full time student and a part time worker? Thank you very much for all the help.

Yes, I think part time work should be listed.

So while completing the i-130, and since my mom has never been employed, In the employment history section can we just write unemployed? Will they question who is going to sponsor my brothers at this time of filing i-130? I will be sponsoring their petitions but will do that later during i-485 and i-864, right? I understand that I need to show my finances and fill out the affidavit of support later but for now, for just filing the i-130, they won't need to know who will be sponsoring the petition right? Thanks.

Unemployed is fine. When it comes time to file Affidavits of Support, your mom, as the petitioner, must file an I-864 Affidavit of Support, even if her income is not enough. If you live in the same house as her, you can count as her household member and file I-864A and your income can be counted in her household income to make it enough. Alternately, you can act as a "joint sponsor", where you will file a separate I-864, and your own household income must be enough. (But she will still need to file an I-864 with insufficient household income even if there is a joint sponsor.) You can only act as her household member if she claims you as a dependent on her taxes or you live in the same house as her; otherwise you can only be a joint sponsor.

Right now, for filing the petition, it doesn't matter how the Affidavits of Support will be filed (and things may change between now and then).

[sdang003]

Applying for reentry permit for my mom

Hi Newacct,

Thank you so much for all the replies. So my mom is here already on her green card (which we should be receiving pretty soon). We have sent the i130 forms for both my brothers and received the NOA. My mom has been here for 3 weeks now and we quickly realized that my grandmom (mom's mom) need a lot of care medically. My grandmom cannot takecare of herself so my mom will have to go back home to take care of her, at least for a couple of years. We have decided to apply for a reentry permit on these grounds and wanted to know if my mom applying for the reentry permit risks my brother's i130 petition. Since she is applying for a reentry permit, will reject petition that we apply for my brothers? There petition were filled through my mom. Could the immigration officer at the port of entry deny my mom to enter even if she has the reentry permit? Thanks.

[newacct]

Hi Newacct,

Thank you so much for all the replies. So my mom is here already on her green card (which we should be receiving pretty soon). We have sent the i130 forms for both my brothers and received the NOA. My mom has been here for 3 weeks now and we quickly realized that my grandmom (mom's mom) need a lot of care medically. My grandmom cannot takecare of herself so my mom will have to go back home to take care of her, at least for a couple of years. We have decided to apply for a reentry permit on these grounds and wanted to know if my mom applying for the reentry permit risks my brother's i130 petition. Since she is applying for a reentry permit, will reject petition that we apply for my brothers?

No, as long as she remains a permanent resident, the petition should be fine. For the Affidavit of Support, she would have to be domiciled or reestablish domicile in the US before or at the same time as the brothers immigrate.

There petition were filled through my mom. Could the immigration officer at the port of entry deny my mom to enter even if she has the reentry permit?

Yes, it's possible. Abandonment of residency looks at many factors, like whether she maintains access to a home in the US, files taxes in the US, what the reasons for her leaving are, whether she had a definite date for returning or was it open-ended, etc. Her having a re-entry permit just means that the length of her absence won't be considered in determining whether she abandoned residence, but the other factors are still considered.