Nadiia21

2 hours ago, manyfudge said:

Not necessarily so.

 

@Nadiia21:

 

1) apply for TPS

2) as soon as your mom gets her GC, she files an i130 for him.

3) as long as he is in the US, they can use the “dates for filing” chart which is a few years ahead of “dates of final action” chart

4) it is possible that as a child under 21, he can file i485 when his date is current.

 

 

Your other mistake was not filing i130 and i485 for your mom concurrently! She would already have her GC by now and be able to sponsor your brother and get his place in line.  Even sadder, he  could have filed i485 because the priority date WAS current for F2A. 

 

Your mom got her GC? She needs to file an i130 for your brother NOW.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

 

It is only a few months behind (Sept 2023 F2A).

 

 

Thank you for your suggestion.

If i-130 and a GC will be filed for my brother and his parole expires, can he stay here without having TPS to wait for his GC to be approved?

5 hours ago, appleblossom said:

 

Neither of those are an option. He's not eligible to adjust status. 

Why so? He still has those 2 options, both of them just would take time, if I'm understanding this right.

1 hour ago, Crazy Cat said:

Her I-485 was approvedT

1 hour ago, appleblossom said:

 

Phew, at least he's not out of status, that's good. I would petition for him urgently, so at least that's underway and he's got a place in line. And then you need to see if you can work out another route for him to stay longer term - a student visa is a good idea if you have the funds, but will only buy him a few years and he'll still be a long way off being able to adjust status through you or his Mom at that point. So you may need to be prepared for him to return to your home country whilst he waits for his PD to become current. 

 

Best of luck to you.

 

I'm not sure whether it's better to file i-130, and then wait for a window to file i-485, or wait until my mom gets her GC and applied for his i-485. In the meantime I believe I can apply for a TPS status for him. https://www.mmhpc.com/biden-extends-and-redesignates-temporary-protected-status-tps-to-ukrainians-in-the-u-s-since-august-16-2023/

1 hour ago, Crazy Cat said:

Her I-485 was approved?

They requested her medical paperwork to be done and we already mailed it about a month ago.

3 hours ago, appleblossom said:

 

I'm sorry to be the bearer of bad news, but you've misunderstood. Your brothers I-485 was denied because there's no way for him to be included on your mother's application - parent sponsorship has no derivatives.

 

He'll either need you to petition him (very long wait), or your mother will need to once she's a LPR (still a long wait, but not quite as long as if you do it). What is his current status in the US and when does it end?

Thank you for your response. My brother and mom came here as parolees by the "United for Ukraine" program. He can stay here until the middle of July 2024. He could also apply for a student visa, since he is graduating this year, but I'm not sure whether that will allow him to be qualified for student grants. 

What would be the best course of action?

Hello, I am a US citizen and filed I-130 for my mom. I included my 17 y.o. brother as a derivative applicant. The form was approved. After, they filled out 2 separate I-485s, which were mailed together. My mom's was approved, my brother's was denied likely because they included I-797 approval notice for I-130 only for my mom's application. 

Should my brother resubmit the exact I-485 application, crossing the old dates over and including my mom's I-797 (even though it is only addressed to her)?