Jump to content
Spartak

Green Card for My brother

25 posts in this topic

Recommended Posts

Hey Everyone. I have a questions. My brother is 19 years old and living in the USA for 10 years. He got approved with Deferred Action for Childhood Arrivals (DACA). Im US Citizen. My mother just got her Green Card and she can apply for him. How long its going to take for him to get his Green Card thru my Mom? Or its will be faster if i will apply for him? Thank you.

Share this post


Link to post
Share on other sites

Sorry but no GC path for DACA through Mother or siblings.

Was he inspected when he first came to the US? If yes, AOS through marriage seems to be his only option to obtain GC.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

Sorry but no GC path for DACA through Mother or siblings.

Was he inspected when he first came to the US? If yes, AOS through marriage seems to be his only option to obtain GC.

Yes , he came To the USA with Visa. He overstayed. He was only 9 years old.

Are you sure through marriage is only option?

Share this post


Link to post
Share on other sites

Because he was inspected, admitted when he first came here, he is okay to AOS based on being immediate relative of USC. Eligible immediate relatives include the U.S. citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)

But your Mom is not US citizen, so there is no go.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

**** Moving from AOS from Family Visa forum to DACA forum ******


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

He has an overstay to adjust status he has to be in status except for IR's when it is 'forgiven'.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

So basically they have to wait until their mom becomes USC, then she'll be able to file for him, correct?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

For Permanent Residents, though when they petition for their family members, I thought the family members have to be in status here (or live abroad at the time with no previous overstays in the US). Does having DACA count as being in status? Or does he have to get AP, leave and come back in order to have a status to adjust FROM?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

DACA is not status in itself.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

First of all, he can never be in the Immediate Relative category when petitioned by you or your mom. Immediate Relatives only include a spouse, under-21 child, or parent of a US citizen, and by the time your mom becomes a US citizen, he will be over 21.

Since he is not in the Immediate Relative category, and he is out of status, he is not eligible for Adjustment of Status. So the alternative for him is Consular Processing outside the US.

With Consular Processing, one issue is whether he will trigger an unlawful presence ban upon leaving the US. One does not accrue unlawful presence while under 18 for the purposes of the 9B unlawful presence ban. One also does not accrue unlawful presence while under DACA. You did not say when he got DACA. But if he got DACA before he was 18.5, and he maintains DACA all the way until he leaves the US, then he will have accrued less than 180 days of unlawful presence before leaving, and thus he will not have an unlawful presence ban upon leaving. In this case, he can just stay in the US on DACA for the several years until a visa number is available for his category, and then leave to do the Consular Processing and come back quickly.

If you petition him it will be in the F4 category (sibling of US citizen), which currently has a wait of almost 13 years for most countries (longer for Mexico and Philippines). If your mom petitions him it will be in the F2A category (unmarried under-21 child of permanent resident), which currently has a wait of 1-2 years; but there's a chance he might age out into the F2B category (unmarried over-21 child of permanent resident), which currently has a wait of almost 7 years for most countries (longer for Mexico and Philippines). For your mom's petition to work, he must remain unmarried, as there is no category for married child of permanent resident.

Edited by newacct

Share this post


Link to post
Share on other sites

Boiler, I suspected that much. However, getting an AP, leaving and coming back "creates" a status one can adjust from, correct? (Taking into account newacct's excellent post about possible overstay and consequent ban, this may not be the way to go.)


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Boiler, I suspected that much. However, getting an AP, leaving and coming back "creates" a status one can adjust from, correct? (Taking into account newacct's excellent post about possible overstay and consequent ban, this may not be the way to go.)

He was inspected on original entry so can adjust through an IR, nothing changes for him otherwise, no need to go Dacabilly.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Boiler, I suspected that much. However, getting an AP, leaving and coming back "creates" a status one can adjust from, correct? (Taking into account newacct's excellent post about possible overstay and consequent ban, this may not be the way to go.)

No. AP does not create status. It only creates creates legal entry. Which is fine for people in the IR category. But if he is not in the IR category, then status is also needed.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×