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Renatus

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    Legal resident trough parents

    in Bringing Family Members of US Citizens to America

    Posted · Edited by Renatus

    Hi there, I need help:

     

    My mom is an US citizen, I did some research and it seems like I can apply trough family based category F1. Am I correct? I am single and over 21 years old.

    Since I have been here unlawfully (overstayed) do I have to leave the US and be subject to the 10 year ban to become a legal resident trough her or I can apply here without leaving the US?

     

    Thanks a lot!

    Question about my sibling

    in Bringing Family Members of US Citizens to America

    Posted

    3 minutes ago, aaron2020 said:

    How long has he been living illegally in the US?  That will determine how long of a ban he has once he leaves the US.

     

    1.  Yes, he needs to leave the US if he wants to legally immigrate through you.  Depending on how long he was in the US illegally, he could have a 3 years or 10 years ban.  

     

    2.  This would be an F4 case, USC petitioning a sibling.  The current wait is 14-15 years.  He can serve his ban during this time.  Doesn't matter if he's married or not.  

    Thank you for that information, he has been here for about 15 years.

    Then if I am not mistaken he will need to wait 10 (ban) years to enter in the USA again, if that is the case can I already start the F4 petitioning of sibling while he is still here? 

    For example since the wait is 14 plus years can I start the F4 petitioning of sibling for him now since he will only depart the USA the end of the year? Will it work?

     

    Thank you again!

    Brother & Mother US citizen

    in Bringing Family Members of US Citizens to America

    Posted

    1 hour ago, Visitor User said:

    Personal experience here. I did both. 

     

    6/11/09 PD from mother USC I-130. Approved 5/20/14. 

     

    I-485 and I-485A/I-765 eligible in October 2017 Visa Bulletin filing only section.

     

    10/4/17 RD. One RFIE.

     

    EAD approved 8/8/18. 

     

    Interview is on 2/25/19.

     

    Meanwhile, USC brother I-130 PD 6/9/11 is still pending.

     

     

    Did you have to leave the country?

    Brother & Mother US citizen

    in Bringing Family Members of US Citizens to America

    Posted

    17 hours ago, Pinkrlion said:

    Your mother will be easier, but you will not be able to process your application living in the US. You will have to return to your home country. If u have overstayed, you will incur a ten year or lifetime ban. 

     

    16 hours ago, SusieQQQ said:

    As long as you realize none of them are fast. 

    Your current status is relevant to the question. 

     

    1 hour ago, SusieQQQ said:

    While taking into account that a marriage solely for purposes of gaining a green card is immigration fraud, of course.

     

    OP did state in first post that wanted to gain legal residency through either mother or brother, presumably if he/she had a spouse lined up would be going that route? 

     

    Wonder if OP will be back, has visited site but not commented /answered since being informed of facts of situation and asked about length of overstay.

     

    8 hours ago, missileman said:

    How long have overstayed?

     

    16 hours ago, SusieQQQ said:

    You can’t adjust status on a non-IR visa from being out of status. You have to return home to have any hope of processing a visa. The longer you overstay, the longer the potential ban you face. How long have you overstayed for?

    More than 10 years, not interested in the marriage stuff since it doesn't apply to me.

    Just for the record about going back, that's not true. I have friends in similar situation that got his legal papers through siblings without exiting the US. 

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