Best way to navigate green card for minor brother-in-law

[fbaltasar 4]

So I posted here a month or so ago with a question about how best to facilitate my brother-in-law's immigration, and got some great advice. Unfortunately, as of two days ago the whole thing has been thrown into chaos because the boy's US citizen father suddenly died. So now we're back to square one.

 

Here are the facts:

 

1. 11 year old boy living in Ghana with his and my wife's mother.

2. My wife will be eligible to naturalize in 2027 and would immediately file for her mother.

3. My mother-in-law is considering coming on an F-1 to pursue a master's degree in the US, she would bring her son. The old plan was to file to adjust both of their statuses while they were in the US in student status (my wife filing for her mother and the boy's father filing for him), but that's no longer feasible.

 

So now the process has become more complicated. The goals are to get him his green card as quickly as possible while having him live with his mother as much as possible during the process.

 

My understanding is that if the mother comes on F-1 with the boy as F-2, he would lose status as soon as my wife files for her mother (or possibly as soon as the green card is approved? this is unclear). It does seem that it's possible for minors to get their own F-1 status to attend a private middle or high school in the US, and that would be an option to keep him in the country with his mom. Would it be possible for him to adjust his status from F-2 to F-1 once in the US? Or would it be better for him to apply with his own F-1 status from the start?

 

Assuming he is in the US on F-1 status when his mother gets her green card, the next question is whether the mother should immediately file for him or wait until she naturalizes (in 5 years). The wait time for F2A doesn't seem that long, so this would probably get him his green card faster than waiting until she naturalizes. But I'm unclear on how this interacts with F-1 status. An F-1 holder who belongs to a green card category with no wait time (such as spouses, children of US citizens) can file to adjust status while in the US without causing problems, provided they don't leave the country without an advance parole document.

 

Would this apply in the case of an F2A applicant? Could he simply remain in the country, continue to attend school, and wait for his number to be called? Or would he have to return to Ghana as soon as his mother's green card arrives in order to remain eligible to file the I-485? That would be difficult, since the mother would have to balance being with him without staying out of the country so long that she loses her own green card status.

 

The other option would be to wait a further 5 years for his mom to be eligible to naturalize, with him in the US on F-1 the entire time, but that has a lot of financial disadvantages (he wouldn't be eligible for financial aid to go to college, for instance) and he would be brushing up against the age limit of 21 if there are delays at any point in processing the various applications (wife's naturalization, mother's green card, mother's naturalization).

 

I throw myself once more upon your mercy.

[Crazy Cat 43,508]

I think you need to rethink your whole plan.  A person cannot enter the US as a non-immigrant with the intent to stay and adjust status. That includes an F-1 visa holder.  Therefore, if they are outside the US right now, an I-485 for either of them is not applicable.

Additionally, keep in mind that it is against the terms of service for anyone to condone or instruct others in illegal immigration activities in any way.

Edited 9 hours ago by Crazy Cat

[fbaltasar 4]

They would be entering the US to attend school, they would not be eligible to adjust status at the time of entry.

[Crazy Cat 43,508]

28 minutes ago, fbaltasar said:

They would be entering the US to attend school, they would not be eligible to adjust status at the time of entry.

No, your plan is for them both to become Green Card holders after entering the US as non-immigrants. 

"The old plan was to file to adjust both of their statuses while they were in the US in student status (my wife filing for her mother"

Edited 9 hours ago by Crazy Cat

[fbaltasar 4]

That may well be my long-term plan, but it's not theirs. The mother wants to get a master's degree and the boy wants to attend school in the US. I've had no contact with them and they have given zero thought to getting a green card.

[Crazy Cat 43,508]

32 minutes ago, fbaltasar said:

That may well be my long-term plan, but it's not theirs.

***This thread is now locked for a TOS violation.  Do not restart or reference this subject in any way***

 

Members may not:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited 8 hours ago by Crazy Cat