Aunt petitioning for Mom, I -130 Approved

[Esme2015 2]

Hello,

I have several questions about my aunt petitioning for my mom. The application was Submitted Jan 2004, and approved August 2009. My sister is 16 and my brother 21, as of now i understand that both brother and sister will be derivatives of my mom as well as my dad. My family came over to the US with a tourist visa, and overstayed at last minute because of several threats my family was facing if we were to return (long story). I checked the visa bulletin on USCIS and it says that they are accepting I-485 from May 2004. I checked the case status online and last thing it says is that they received the I-130 on 2009.

Would my aunt or mom receive a letter saying that we should start sending something to them? What would be the next steps? What would be things we should be preparing for (paperwork, applications)?

I appreciate any information. Thank you!

[belinda63 2,981]

There is a conondrum as you and your family are in the US out of status. Depending on how long you have overstayed you will have a ban. A sister is not an immediate relative so no waiver is available. Does mom have either parent here in the US legally?

[aleful 1,905]

hi

siblings cannot overstay, overstay is not forgiven, she cannot adjust status in the US

once they overstayed, the petition was over, only they can adjust status is if they are covered under the 245i law and the petition was made before or on April 30th, 2001

siblings have to wait out of the US, her sister will start to receive contact from NVC to fill out forms for consular processing, forget about that because if they leave, they all will have a 10 year ban, there is no waiver for siblings

[Boiler 43,689]

Just wondered what the plan is?

[Esme2015 2]

Just wondered what the plan is?

Thank you all for your response,

My plan at first was to petition for my parents myself, since I am in the process of becominga US citizen. Then i learned that derivatives don't exist in that petition so we were going to go thru my aunts petition because of my brother and sister. Now I'm guessing i will be petitioning for them. Would it be better if i petition for brother and sister, or parents to petition for them once they are residents?

[Esme2015 2]

There is a conondrum as you and your family are in the US out of status. Depending on how long you have overstayed you will have a ban. A sister is not an immediate relative so no waiver is available. Does mom have either parent here in the US legally?

Thank you for this info, my aunt is the only us citizen and i'm in the process of the application. Hopefully i will become a citizen during the first months of next year.

[newacct 688]

Thank you all for your response,

My plan at first was to petition for my parents myself, since I am in the process of becominga US citizen. Then i learned that derivatives don't exist in that petition so we were going to go thru my aunts petition because of my brother and sister. Now I'm guessing i will be petitioning for them. Would it be better if i petition for brother and sister, or parents to petition for them once they are residents?

It would be faster for your parents to petition for your siblings once your parents immigrate, assuming that your siblings remain unmarried. (You can also petition for them, if you are 21, just to be safe; multiple petitions don't conflict.) Unmarried under-21 child of LPR is F2A category, with a wait of 1-2 years; unmarried over-21 child of LPR is F2B category, with a wait of 6-7 years. Sibling of USC is F4 category, with a wait of 12-13 years.

In any case, your siblings won't be in the Immediate Relative category so they still can't do Adjustment of Status if they are out of status. So they will have to leave and do Consular Processing. But leaving might trigger a ban for them, depending on when they got here and other circumstances. The one who is 16 won't accrue unlawful presence until 18, and so won't have enough unlawful presence to trigger a ban on leaving if she leaves before 18.5. The one who is 21 may already have enough unlawful presence to trigger a ban on leaving (again, you didn't give enough information to tell). There are other things like unlawful presence is not accrued while on DACA, so if they got DACA before 18.5, that also prevents them from having enough unlawful presence to trigger a ban on leaving. If they will trigger a ban on leaving, then you need to consider whether it is possible to get them a hardship waiver based on hardship to your parents, etc.

[aleful 1,905]

hi

once you become a USC, you can file for your parents since they entered the country legally

now your siblings are another story, when did the come, when did they enter the country? it's to know if they qualified for DACA, why your parents never filed DACA for them

month, year and age for the older brother are needed to know if they qualify for DACA

at least in that way, they could get a work permit, but it all depends on when they entered the country and at what age

they have the same problem as they have now, they don't qualify for any type of family visa to adjust status in the US

[Boiler 43,689]

You have evidence that they entered legally?

This siblings could get AP through DACA and re enter and adjust when there visa number is current, quite a norma work around.

[Esme2015 2]

hi

once you become a USC, you can file for your parents since they entered the country legally

now your siblings are another story, when did the come, when did they enter the country? it's to know if they qualified for DACA, why your parents never filed DACA for them

month, year and age for the older brother are needed to know if they qualify for DACA

at least in that way, they could get a work permit, but it all depends on when they entered the country and at what age

they have the same problem as they have now, they don't qualify for any type of family visa to adjust status in the US

It would be faster for your parents to petition for your siblings once your parents immigrate, assuming that your siblings remain unmarried. (You can also petition for them, if you are 21, just to be safe; multiple petitions don't conflict.) Unmarried under-21 child of LPR is F2A category, with a wait of 1-2 years; unmarried over-21 child of LPR is F2B category, with a wait of 6-7 years. Sibling of USC is F4 category, with a wait of 12-13 years.

In any case, your siblings won't be in the Immediate Relative category so they still can't do Adjustment of Status if they are out of status. So they will have to leave and do Consular Processing. But leaving might trigger a ban for them, depending on when they got here and other circumstances. The one who is 16 won't accrue unlawful presence until 18, and so won't have enough unlawful presence to trigger a ban on leaving if she leaves before 18.5. The one who is 21 may already have enough unlawful presence to trigger a ban on leaving (again, you didn't give enough information to tell). There are other things like unlawful presence is not accrued while on DACA, so if they got DACA before 18.5, that also prevents them from having enough unlawful presence to trigger a ban on leaving. If they will trigger a ban on leaving, then you need to consider whether it is possible to get them a hardship waiver based on hardship to your parents, etc.

My brother turned 18 on April 2012. He applied for DACA that same year as soon as it was available. His permit was approved by October 2012, so maybe a little over 18.5 yrs. Idk exact day of approval.

My parents are waiting for my sister's application because we though she might be a derivative but i will be helping her out filling out the application soon while she waits for my parents to petition her.

We all came to the US mid 2004. I adjusted status by my husband when i was 21 and did not received any penalty, or ban, so i was hoping it would be the same for them. I don't know if the type of petition had anything to do with that.

Thank you all for the valuable info. I will be passing it along to my family. If there is anything else you forsee or was not said please let me know

[Esme2015 2]

You have evidence that they entered legally?

This siblings could get AP through DACA and re enter and adjust when there visa number is current, quite a norma work around.

We do, we have I 94. Is going out really necessary? I didn't have to do that. I was able to adjust thru my husband without exiting the country. Just did AOS.

[Boiler 43,689]

We do, we have I 94. Is going out really necessary? I didn't have to do that. I was able to adjust thru my husband without exiting the country. Just did AOS.

If your siblings adjust through marriage to a USC they would not either, but that was no what you were asking.

[Esme2015 2]

If your siblings adjust through marriage to a USC they would not either, but that was no what you were asking.

No, i meant, if my parents petition for them will they have to go out the US?

[Boiler 43,689]

No, i meant, if my parents petition for them will they have to go out the US?

[They can not adjust in country, they have no status to adjust and overstays are only forgiven for immediate relatives. so yes.

[aaron2020 11,651]

Here is the deal. Your family screwed up their legal chance to get green cards by abusing their visitor visas.

Once you become a USC, your parents can adjust through you because they would be Immediate Relatives of a USC.

Your brother and sister are screwed. They would need a USC parent or a USC spouse to overcome their abuse of their visitor visas. By the time your parents become USCs, the youngest will be over 21. Only marriage to a USC can get them green cards.