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1-130 and I-485

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  • 1-130 and I-485

    I have a brother that overstayed. My mother is an immigrant, and I am a USC.
    Can I or my mother petition for her?
    She is 40 yrs. old and recently divorced. Her husband filed for a divorced and remarried. They have 2 year old twins.
    Thanks for any help.

  • #2
    I have a brother that overstayed. My mother is an immigrant, and I am a USC.
    Can I or my mother petition for her?
    She is 40 yrs. old and recently divorced. Her husband filed for a divorced and remarried. They have 2 year old twins.
    Thanks for any help.

    Comment


    • #3
      pardon me.... his wife remarried to a USC.

      Comment


      • #4
        Your brother is lloking to immigrate, your mother is an immigrant as well? What category is your mother? You can apply for your brother under the 4th preference catepogory, which is like a 12 year wait.

        Comment


        • #5
          My mother is very close to getting her US citizenship, probably in 2 months.
          My brother is already out of status, and I really want to try and find out if the NEW PILOT PROGRAM that is going on in Texas will help him stay here legally. I can support him, should he is not able to work during processing, also my mother can support him as well. If my mother petition for him, can I put my name as a financial supporter for him and his child?, should my mother or myself petition for him, can his child be included?
          Thanks.

          Comment


          • #6
            The pilot program only reduces the processing time for adjustment. It does not change any eligibility requirements for AOS.

            If your mother is a USC, and your brother is single and under age 21, he can file for AOS as an immediate relative. There is no penalty for his overstay.

            If your mother is a USC, but your brother is over 21, your mother can petition for him, but it will take about five years before he is eligible for an immigrant visa. He would not be able to adjust in the US if he is not in valid status. He would have to leave the US. This may result in additional penalties (3/10 year bar.)

            If your mother is not a USC, she can still petition for an unmarried child, but the process will take 5-10 years for him to qualify for an IV; the rest as above.

            As a USC (if you are over age 21), you can petition for a sibling. It will be 15 years before he can qualify for an IV; again, as above.

            Comment


            • #7
              Old Man,
              ....in other words we can only petition them if they are back in our native country.
              Is there any other option?

              Comment


              • #8
                Any of the eligible classes of petitioner can petition for him wherever he is.

                Since he is an illegal alien (visa violation, not entry w/o inspection) he can only adjust status in the US if he is an immediate relative (a spouse, parent, or child [unmarried under age 21] of a US citizen) or was grandfathered in under an older law.

                The options for him are to meet the requirements of a different section of law or to (eventually) get an immigrant visa outside of the US.

                Comment


                • #9
                  Old Man...
                  Thank you for answering my questions, I really appreciate it.
                  if....and only if President's Bush proposal regarding illegal alien pass, will this only apply to Illegal aliens that have college degree?

                  Again thanks.

                  Comment

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