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Angela9005

Bring my brother to the US

By Angela9005 in Bringing Family Members of US Citizens to America

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Angela9005 Rookie

Angela9005   0

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Filed: IR-5 Country: China
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Hellp Everyone,

I'm hoping to get some answers from someone who has been in the same shoe as I am now. I currently petitioned for my mom and I'm a US citizen.I was under the impression that once the petition is approved, my brother(under 21) and my dad can come with her under the same visa. However, i was informed by the NVC that her visa category does not allow her to bring relatives with her. Her case was just completed last week.

I'm not too worried about my dad as I could apply for him and he will be here in no time. But I know if I apply for my brother, he has to wait for a very long time to get his priority date. I know the best way right now is for my mom to apply for him once she receives her green card. But I'm very worried about my brother being in China all by himself.(my dad does not live with us, long story) My brother is only 15. I was thinking if I could apply for him on a tourist visa and file for 485 to change his status once his 130 is approved. anyone has any suggestions?

I just really want all of them to be here at the same time. :(

Thanks a lot!

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Hellp Everyone,

I'm hoping to get some answers from someone who has been in the same shoe as I am now. I currently petitioned for my mom and I'm a US citizen.I was under the impression that once the petition is approved, my brother(under 21) and my dad can come with her under the same visa. However, i was informed by the NVC that her visa category does not allow her to bring relatives with her. Her case was just completed last week.

I'm not too worried about my dad as I could apply for him and he will be here in no time. But I know if I apply for my brother, he has to wait for a very long time to get his priority date. I know the best way right now is for my mom to apply for him once she receives her green card. But I'm very worried about my brother being in China all by himself.(my dad does not live with us, long story) My brother is only 15. I was thinking if I could apply for him on a tourist visa and file for 485 to change his status once his 130 is approved. anyone has any suggestions?

I just really want all of them to be here at the same time. :(

Thanks a lot!

Hi,

After your mom immigrates and gets a green card, she can file for her son and also get a Re-Entry Permit. With the Re-Entry Permit, she can go back to China for up to 2 years. When her son gets his visa, they both can come to the U.S.

What you are thinking is called immigratin fraud, will not work, and cause lots of legal problems for your brother. To be blunt, this is a stupid idea. First, your brother would need to be in legal status to qualify to adjust. With a visa overstay and no Immediate Relative (legal term), he can not adjust. He would be put into deportation proceedings. Second, an I-130 approval does not qualify him to adjust without a current PD. it's currently a 2 years wait in the F2a category.

Follow my advice if your brother needs mom to watch him.

Best of luck

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Angela9005 Rookie

Angela9005   0

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Filed: IR-5 Country: China
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Hi,

After your mom immigrates and gets a green card, she can file for her son and also get a Re-Entry Permit. With the Re-Entry Permit, she can go back to China for up to 2 years. When her son gets his visa, they both can come to the U.S.

What you are thinking is called immigratin fraud, will not work, and cause lots of legal problems for your brother. To be blunt, this is a stupid idea. First, your brother would need to be in legal status to qualify to adjust. With a visa overstay and no Immediate Relative (legal term), he can not adjust. He would be put into deportation proceedings. Second, an I-130 approval does not qualify him to adjust without a current PD. it's currently a 2 years wait in the F2a category.

Follow my advice if your brother needs mom to watch him.

Best of luck

Hi Aaron,

Thank you so much for your advice. Do you have information about where to get the re-entry permit?

Thanks,

Angela

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Angela9005 Rookie

Angela9005   0

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Aaron, also, would you happen to know that if my brother is under the immigration process, can he still apply for non-immigrant visa and visit us during Chinese new year and then return back to China when his school starts? I remember I saw it somwhere that if he is under the process of immigranting to the US, he cannot apply for a non-immigrant visa to visit. is it true? I can't seem to find the same article online anymore. Thanks!

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Ryan H Grand Master

Ryan H   3,790

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Filed: Lift. Cond. (apr) Country: China
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Moved from What Visa Do I Need - Family Based Immigration forum to Bringing Family Members of US Citizens to America forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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leishi Enthusiast

leishi   11

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Filed: Lift. Cond. (apr) Country: China
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Aaron, also, would you happen to know that if my brother is under the immigration process, can he still apply for non-immigrant visa and visit us during Chinese new year and then return back to China when his school starts? I remember I saw it somwhere that if he is under the process of immigranting to the US, he cannot apply for a non-immigrant visa to visit. is it true? I can't seem to find the same article online anymore. Thanks!

He can certainly apply for tourist visa while his immigrant visa is being processed, but it's very unlikely that his tourist visa will be approved.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Hi Aaron,

Thank you so much for your advice. Do you have information about where to get the re-entry permit?

Thanks,

Angela

This is a DIY website. Search Google.

Aaron, also, would you happen to know that if my brother is under the immigration process, can he still apply for non-immigrant visa and visit us during Chinese new year and then return back to China when his school starts? I remember I saw it somwhere that if he is under the process of immigranting to the US, he cannot apply for a non-immigrant visa to visit. is it true? I can't seem to find the same article online anymore. Thanks!

He can apply whenever he wants.

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