US Citizen applying for Mother and Brother

[IceCold 0]

Hi Members,

I have my Naturalization Oath Ceremony in a few weeks. Therefore, I will soon have my US Passport.
Here are my questions:

• My mother is coming to visit for Christmas for a month and is thinking of staying to live in US
  • She has her flights booked and her ESTA ready
  • Should I wait to apply for her green card until she is here? This way, would she qualify for adjustment of status, since she is in the country legally through travel VISA?
• My brother is currently under F1 VISA, and is thinking of doing OPT or doing his Master's
  • I will apply for his green card ASAP, however is there any way I can choose which processing center my application will go to? California where I reside has 8-10year wait time vs Texas 8-11month wait time. I have family in Texas and therefore I could mail from Texas if that means that it will go to Texas Service Center

 

Your replies are greatly appreciated!

[aaron2020 11,651]

Since your mother is outside the US right now, it is immigration fraud for her to use the VWP to enter the US with the intent to immigrate.  She should not attempt to adjust status and you should file for consular processing.  There is no appealing of an immigration ruling when entering on the VWP.

 

You can not direct where the I-130 petition goes.  The overall wait is the same regardless of which service center it goes to since he has to wait for his Priority Date to become current.  

[SusieQQQ 11,586]

21 minutes ago, IceCold said:

Hi Members,

I have my Naturalization Oath Ceremony in a few weeks. Therefore, I will soon have my US Passport.
Here are my questions:

• My mother is coming to visit for Christmas for a month and is thinking of staying to live in US
  • She has her flights booked and her ESTA ready
  • Should I wait to apply for her green card until she is here? This way, would she qualify for adjustment of status, since she is in the country legally through travel VISA?
• My brother is currently under F1 VISA, and is thinking of doing OPT or doing his Master's
  • I will apply for his green card ASAP, however is there any way I can choose which processing center my application will go to? California where I reside has 8-10year wait time vs Texas 8-11month wait time. I have family in Texas and therefore I could mail from Texas if that means that it will go to Texas Service Center

 

Your replies are greatly appreciated!

@aaron2020has already addressed the issue with your mother entering on a non-immigrant visa intending to adjust. 

 

Approval is not the issue with the F4 for your brother, priority date is. You are looking at probably minimum 14 years before his priority date is current, some estimate it could be 18-20 years by the time petitions filed now are current. There is almost no way on earth your brother can stay on a student visa that long legally waiting to adjust, and any illegal stay or violation of visa will be a bar to adjustment for him (and may also result in an entry bar, depending). Unless he can get something like an H1B after his studies, he will have to go home and await his number becoming current.

[Boiler 45,665]

Nearer 20 years for your Brother, maybe a year and a bit for your Mother, she will need to undertake Consular Processing.