Minor child of permanent resident.

[avanci 0]

Hello Everyone!

I'm a US citizen, which recently my parents got their greencard thru my naturalization.

Soon after they received their card, we filled for my brother who's 16. (sent the package april 16)

We sent all the right forms,I-130, I-485 and the EAD form too and the I-864.

He has his fingerprinting done about a month ago.

Today we just received this letter requesting for more evidence. They are asking for:

1- imigration status when I-485 was filled

2- evidence of which visa category he is filling

3- I-864 AGAIN!

And there's also a second page explaining who's not eligible for an AOS, and they selected in orange ink his category, which is that he entered US thru the VISA WAIVER PROGRAM (he's italian, and no visa is required).

I'm so lost and we can not aford a lawyer right now, and we have 87 days or they will cancel the application!

Please any help will be appreciated!

thank you

Edited June 7, 2016 by avanci

[aaron2020 11,651]

Hi,

Your brother does not qualify for AOS. He has to return to Italy.

It takes about 2 years for an LPR parent to petition for an unmarried child under age 21.

Have one or both of your parents file for a Re-Entry Permit and return home to Italy.

Best of luck.

[3rd 84]

I thought you could petition a brother or sister as long as you were over the age of 21? As long as he is still in legal status on the VWP then he should be applicable.

Edited June 7, 2016 by 3rd

[aleful 1,905]

I thought you could petition a brother or sister as long as you were over the age of 21? As long as he is still in legal status on the VWP then he should be applicable.

hi

that's not the problem, the problem is that children of LPR cannot adjust status unless they have a legal way to stay in the US, such as a student visa or work visa

the visa waiver is only for visiting the US for 90 days, while the process of the petition takes around 2 years, her brother would have to be legally in the us for those 2 years.

adjustment of status is for immediate relatives that have no wait,

since he came on a visa waiver, he needs to leave before the 90 days are over, overstay isn't forgiven because he isn't an immediate relative of a US Citizen

[3rd 84]

Ah, gotcha. Spouses get any overstay waived but siblings do not.

[aleful 1,905]

Ah, gotcha. Spouses get any overstay waived but siblings do not.

hi

there is no sibling petition, the OP is saying that one of his or her parents filed for his or her brother

if he or she were to file, it can take from 13 to 25 years of waiting and of course siblings cannot adjust status in the US either, unless they are under the 245i law

[3rd 84]

Wording was strange in OP's post. 'We' instead of 'they' is what threw me off.

[NigeriaorBust 4,087]

If your brother ha stayed longer than he is allowed then he can't use VWP anymore, he will need a visa which he probably wont get after overstaying VWP. The current wait is about 2 years, it can vary from immediately to over 5 years based on what I have seen over the last decade

[avanci 0]

The weird thing is that when we saw a lawyer before sending the paperwork he told us that he could be waiting for an available visa HERE in US, even though he's out of status.

Dang, now i'm really dissapointed! There's no way for him to he back in Italy, he is disabled, and has a rare genetic disease (degenerative), which is the main reason my parents came to live here with me! Just so we could take care of him all together!

What should we do?

ps, i use the word WE because i'm doing everything by myself since my parents speak zero english ?

[Ontarkie 13,915]

~~Moved to Bringing Family Members of Permanent Residents to America, from Adjustment of Status (Green Card) from Family Based Visas - As the OP's parents (GC holders) have petitioned their son this is not an AOS process.~~

[aaron2020 11,651]

The weird thing is that when we saw a lawyer before sending the paperwork he told us that he could be waiting for an available visa HERE in US, even though he's out of status. The lawyer is an idiot. Not all lawyers are versed in immigration law. This one clearing was no versed in immigration law.

Dang, now i'm really dissapointed! There's no way for him to he back in Italy, he is disabled, and has a rare genetic disease (degenerative), which is the main reason my parents came to live here with me! Just so we could take care of him all together!

What should we do? Follow the law or your brother will never get a green card. He must go back to Italy. If he stays, he can never get a green card. Get a Re-Entry Permit so the parent can return to Italy without losing his/her green card and take care of your brother while he is waiting for an immigration visa. This is the only way to get your brother a green card.

ps, i use the word WE because i'm doing everything by myself since my parents speak zero english ?

[Unlockable 7,306]

Another case of a lawyer giving bad advice.

Unfortunately your brother has no legal path while he is here in the US. And the longer he overstays the worse it will get. You may have to sit down and have a deep discussion with your parents. As already mentioned, one (or both) parents could return to Italy with your brother and care for him until his visa is ready. Or maybe another family member back in Italy.

A shame you were fed misinformation.

[NigeriaorBust 4,087]

The I130 will not be cancelled unless your parent who filed loses green card status themselves. Your I 485 will be cancelled because you had no right to file it. Your brother MUST leave. If he has stayed longer than 90 days he can forget coming back on vwp and has little chance of a visitors visa. You should report the lawyer to the bar association and ask for a refund of fees to do with your brother. Which parent actually filed for you brother. It is most important that that parent not lose status.

[JFH 12,189]

The weird thing is that when we saw a lawyer before sending the paperwork he told us that he could be waiting for an available visa HERE in US, even though he's out of status.

Dang, now i'm really dissapointed! There's no way for him to he back in Italy, he is disabled, and has a rare genetic disease (degenerative), which is the main reason my parents came to live here with me! Just so we could take care of him all together!

What should we do?

ps, i use the word WE because i'm doing everything by myself since my parents speak zero english ?

Is there not another EU country that could treat his condition? Germany has excellent health care. As do Sweden and Denmark. It might even be cheaper than the USA? Especially if you could find some sort of reciprocal EU health care plan.

[avanci 0]

Unfortunally No! He's doing an experimental treatment here in MA, all free.

Also the possibility of starting in a new country all by themselves, new language is so difficult.

We are seying a new lawyer friday, praying that he'll find a loophole!

Is there not another EU country that could treat his condition? Germany has excellent health care. As do Sweden and Denmark. It might even be cheaper than the USA? Especially if you could find some sort of reciprocal EU health care plan.