Concurred filing I-130 and I-485 for my mom

[T&T 0]

Hello all,

I am a USC and I want to sponsor my mom with my 14 year-old brother to the US. They have been visiting me in the States for several times under B2 visa. Since I am naturalized US citizen now, I want to file I-130 and I-485 concurring for my mom and my brother when they come to visit me again this summer. My concern is that I might not be able to file for both of them at the same time (or my brother has to wait for a long time until visa is available for him). I wonder if any of you has the same situation and has a better idea of how to speed up the process for my little brother (I know that my mom for sure can get the green card and apply for my brother later on) because I do not want my brother stays in the US when his B2 visa expires and he has to go to public school here "illegally" while waiting for my mom to sponsor him.

Thank you very much for your help,

T&T

[belinda63 3,039]

What you are planning on doing, having your mom and brother come on a tourist visa with the intent to immigrate, is against immigration law.

[T&T 0]

I have seen a lot of people doing the same thing and they have no problem. As long as your parents/siblings make a legal entry to the US, there will be no problem. My family have been visiting me in the US for many times and coming back. They know I live here and can do concurred filing for them any time. It's faster to do it while they are in the US.

[payxibka 10,045]

What you are planning to do is to circumvent US immigration law which is not a good thing. This is also a technical violation of the TOS of this site.

FWIW, their is no speed up factor for your brother even if you were planning to do this properly. He does not qualify for a concurrent I-485/I-130 filing at any time by you. Period.

Edited May 16, 2011 by payxibka

[belinda63 3,039]

I see a lot of people shoplifting all the time and nothing happens to them, does that make it legal? And what about the ones who do get caught are they not punished because other people do it?

There are risks to what you are planning as well as it being illegal. They could be turned away at the POE. If they lie about why they are entering the country they could be denied AOS and banned from re-entry to the US for life for a material misrepresentation. Doing it this way you are rolling the dice and hoping for a win. Is it really worth the consequences if you lose?

[T&T 0]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Check this out, it is LEGAL people. If my mom can make a LEGAL ENTRY to the US, I can file concurrent I-130 and I-485 for her, I might have to do I-20 for my brother and get him the F1 visa while he waits then. My mom and my brother never overstay their B2 visa or their I-94's permit in the previous entries. I think when they let people in the US (especially when they know the people who have relatives, immediate relatives) might stay in the US with their relatives, so they allow the concurrent filing to cut off the procedure of I-130 and I-485. I thought this forum might give me some extra experience and useful information but it seems I will not gain anything by following up this topic. I will hire a good immigrant lawyer to handle the case for me then.

Thank all!

[shelly-bug 15]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Check this out, it is LEGAL people. If my mom can make a LEGAL ENTRY to the US, I can file concurrent I-130 and I-485 for her, I might have to do I-20 for my brother and get him the F1 visa while he waits then. My mom and my brother never overstay their B2 visa or their I-94's permit in the previous entries. I think when they let people in the US (especially when they know the people who have relatives, immediate relatives) might stay in the US with their relatives, so they allow the concurrent filing to cut off the procedure of I-130 and I-485. I thought this forum might give me some extra experience and useful information but it seems I will not gain anything by following up this topic. I will hire a good immigrant lawyer to handle the case for me then.

Thank all!

You've never said it better!!!!

Goodluck Hun, don't let anyone here discourage you from what you wanna do. Get a lawyer and do your thing!

[belinda63 3,039]

OK so if it's legal have them answer at the POE when asked the purpose of their visit, it is to adjust status and obtain a green card. If it's legal there should be no problem with the POE allowing them in the US. Also there would be no reason for anyone to have to file for a CR-1 visa since their spouse could just come on a tourist visa and them adjust status. So I guess all of us are really stupid and filed for a visa we didn't need.

[payxibka 10,045]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Check this out, it is LEGAL people. If my mom can make a LEGAL ENTRY to the US, I can file concurrent I-130 and I-485 for her, I might have to do I-20 for my brother and get him the F1 visa while he waits then. My mom and my brother never overstay their B2 visa or their I-94's permit in the previous entries. I think when they let people in the US (especially when they know the people who have relatives, immediate relatives) might stay in the US with their relatives, so they allow the concurrent filing to cut off the procedure of I-130 and I-485. I thought this forum might give me some extra experience and useful information but it seems I will not gain anything by following up this topic. I will hire a good immigrant lawyer to handle the case for me then.

Thank all!

I agree she can do this IF she can make a legal entry.

Edited May 16, 2011 by payxibka

[T&T 0]

OK so if it's legal have them answer at the POE when asked the purpose of their visit, it is to adjust status and obtain a green card. If it's legal there should be no problem with the POE allowing them in the US. Also there would be no reason for anyone to have to file for a CR-1 visa since their spouse could just come on a tourist visa and them adjust status. So I guess all of us are really stupid and filed for a visa we didn't need.

If you can get your family to come to visit you in the US with a B2 visa, then yes, you will do the same thing what I want to do so that you do not have to deal with the waiting time and the harassments of the CR1 process (CR1 is for marriage, the worse choice when people cannot do K1/K2)... The purpose of the B2 visa is to visit me and yes, in the interview for the green card my mom will tell them that she wants to live with me here in the US longer without coming back for another visa interview and she can travel to other countries easier without visa interviewing. The US only concerns the poor people who come here and be a burden (have a lot of kids, ask for medicare, well fare, unemployment....) for the country and people who commit felony/crime. I make good money, paying tax every year, donate to poor American and organizations, etc. My mom visits the US regularly and does business to contribute with the GDP, I do not consider that we are doing anything illegal here. Sorry that all I here from you are the negative things with lacking of knowledge. Good luck to you and your journey!

[ER Team :) 5]

What everyone is saying is that while entering the U.S on a B2 visa, she will be questioned by the immigration officer, as everyone and the officer will ask about the purpose and about the intent. If they find out that she's planning to adjust status while visiting, they will not let her in.

The I-130 and I-485 will not work for your brother. The USCIS will send you back all your docs and not even process it.

[belinda63 3,039]

When she enters the country at the airport where she lands in the US where she shows her tourist visa she will be asked "what is the purpose of your visit?". Have her honestly state she has come to immigrate and obtain a green card. Since you say this is legal there will be no problem and she will be allowed into the US. If your wrong then she will be denied entry. Put your money where your mouth is......

Still doesn't address the problem that your brother will be here out of status and subject to deportation. Do you really want to run the risk of your 14 year old brother being taken to court, possibly to jail, and deported?

[JimVaPhuong 4,863]

If you can get your family to come to visit you in the US with a B2 visa, then yes, you will do the same thing what I want to do so that you do not have to deal with the waiting time and the harassments of the CR1 process (CR1 is for marriage, the worse choice when people cannot do K1/K2)... The purpose of the B2 visa is to visit me and yes, in the interview for the green card my mom will tell them that she wants to live with me here in the US longer without coming back for another visa interview and she can travel to other countries easier without visa interviewing. The US only concerns the poor people who come here and be a burden (have a lot of kids, ask for medicare, well fare, unemployment....) for the country and people who commit felony/crime. I make good money, paying tax every year, donate to poor American and organizations, etc. My mom visits the US regularly and does business to contribute with the GDP, I do not consider that we are doing anything illegal here. Sorry that all I here from you are the negative things with lacking of knowledge. Good luck to you and your journey!

Sorry, but the advice you're getting here is based on immigration law and not a lack of knowledge.

Yes, concurrent filing is possible, and it's also legal. What is not legal is entering the US with a non-immigrant entry pass with the intention of becoming an immigrant before you leave. An absolute requirement of entering with a B2 visa is that the alien must intend to leave before their authorized stay expires, and must not intend to immigrate. A Google search for the phrases "preconceived intent" and "adjustment of status" should provide plenty of light reading for you:

http://www.google.com/search?hl=en&lr=&biw=1280&bih=585&q=%22preconceived+intent%22+%22adjustment+of+status%22&aq=f&aqi=&aql=&oq=

Note that I'm giving you the link for the Google search and not a specific law or lawyers opinion, so you'll get to see every viewpoint.

Here's a random scenario to ponder. Let's say your mom comes to the US with her B2 visa, and she's packed all of the documents she'll need to adjust status in her bags. TSA happens to do a random check of her luggage and finds these documents - necessary for adjustment of status but completely unnecessary for someone simply visiting the US. The TSA agent passes this information along to the CBP. When your mom gets to the immigration checkpoint the CBP officers see the flag on his computer screen, and pulls your mom into secondary inspection. There they grill her for two hours about her intentions. Depending on the outcome of the interview, they either decide to use their discretion to deny her entry, or they give her a declaration to sign. Let's assume the second scenario - she signs the declaration.

A few weeks later you submit the concurrent I-130 and I-485. After the normal processing, you and your mom are called in for an adjustment of status interview. After being verbally berated by the immigration officer for about 15 minutes, an ICE officer enters the room and puts your mother in handcuffs, and then hauls her off to an ICE detention center to await deportation. In the meantime, the IO is threatening to charge you with immigration fraud.

So what happened?

The documents in your mom's luggage were evidence of her preconceived intent. The statement she signed in secondary inspection was a declaration that she would not attempt to immigrate. She submitted an adjustment of status application, which makes her declaration a material misrepresentation. They now have the evidence of her intent, and proof that she lied about her intent. She'll be deported and banned from returning to the US, potentially for the remainder of her life.

Is the above scenario likely to happen? No. Is it possible? Yes.

File an I-130 and have your mom apply for an immigrant visa at the consulate in HCMC, just like everyone else. An IR visa for a parent is almost never denied for discretionary reasons, and there's no chance of anything like the above scenario happening. Stop trying to take short cuts. The consequences if you're caught will be disastrous.

[aleful 1,905]

Hello all,

I am a USC and I want to sponsor my mom with my 14 year-old brother to the US. They have been visiting me in the States for several times under B2 visa. Since I am naturalized US citizen now, I want to file I-130 and I-485 concurring for my mom and my brother when they come to visit me again this summer. My concern is that I might not be able to file for both of them at the same time (or my brother has to wait for a long time until visa is available for him). I wonder if any of you has the same situation and has a better idea of how to speed up the process for my little brother (I know that my mom for sure can get the green card and apply for my brother later on) because I do not want my brother stays in the US when his B2 visa expires and he has to go to public school here "illegally" while waiting for my mom to sponsor him.

Thank you very much for your help,

T&T

sorry, you can't file concurrently for your brother, siblings don't qualify to adjust in country.

you can file the i130, but the petition takes more than 10 years of waiting, he can visit but he cannot stay.

your mother can file for him when she becomes a resident, but he still cannot adjust in country, he has to wait in China over 3 years.

so who will she leave him with, she will want to take that into consideration if to file now or file when your brother is older and able to stay in China by himself.

or unless he can come on a student visa and your mother has filed for him.

you'll have to take all this into consideration..

[RICARDO4EVA2 194]

If you can get your family to come to visit you in the US with a B2 visa, then yes, you will do the same thing what I want to do so that you do not have to deal with the waiting time and the harassments of the CR1 process (CR1 is for marriage, the worse choice when people cannot do K1/K2)... The purpose of the B2 visa is to visit me and yes, in the interview for the green card my mom will tell them that she wants to live with me here in the US longer without coming back for another visa interview and she can travel to other countries easier without visa interviewing. The US only concerns the poor people who come here and be a burden (have a lot of kids, ask for medicare, well fare, unemployment....) for the country and people who commit felony/crime. I make good money, paying tax every year, donate to poor American and organizations, etc. My mom visits the US regularly and does business to contribute with the GDP, I do not consider that we are doing anything illegal here. Sorry that all I here from you are the negative things with lacking of knowledge. Good luck to you and your journey!

i applied for my mother/father last year who completed their immigration phase 1 back in December. I have a brother was was 14 at the time the paper wrk was filed in March 2010... He was not able to accompany my mother/father. he too had his tourist visa back then.. he was included in the file.. however after speaking with about 3 attorneys it was concluded that he could not come as a LPR to the US with my parents... that's regardless of donations ... making good money... none of that matters. The law is the law and there are no provisions for a child to obtain a derivative status when the child can be petitioned directly by the petitioner.

To fix it... you can file for your mom when she gets here... but not letting that be the reason she is coming here. You can file for your brother but ofcouse that would be a waste of time since your mom would get him here much faster after the immigration status i obtained. To get a visa for school... you'll need to apply for the visa and an interview would be conducted at the local embassy.. SO even if he came here in the summer and applied.. he's be required to go home where the interview is held. We too had that concept..... but still unsure if we will follow though. You dont need a lawyer for such a simple issue BECAUSE a lawyer cannot help but prepare the documents for the student visas. Per the DOS and CBP's website .. they will not turn down an applicant for the student visa if he'she has a pending immigration benefit that is pending with USCIS. Applicant must show that the visa would be used for the intended purpose... good luck to you and the process.. and just listen to what the other have said before..