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  • I need Help for my Mom/Brother

    Hello, I'm new to this board.
    My first Question is What kind of document/Forms my Father needs to petition my Mom? My Dad is a African-American US born citizen Retired Navy and My Mom is Pinay (Philippines) they got married (finally) 4 years ago and My Dad wants her to come here in the US this year (permanently)

    My second Question is, I've been here in the US for 6 years now, Me and my Brother was petitioned together but only Me was issued a Visa b/c they said my Bro was 21. That was in 1997 and they still havent given him a Visa Number. he will turn 29 soon. We are trying to get help so He and Mom can come together here in the US but we're not having any luck, We ask them if maybe my Bro was already a US citizen b/c My Dad is US born but they gave Us a form to fill out that doesn't even pertain to my Brothers kind of case.

    I would really appreciate any Help or Advice.Thanks (sorry 4 the spelling)

  • #2
    Hello, I'm new to this board.
    My first Question is What kind of document/Forms my Father needs to petition my Mom? My Dad is a African-American US born citizen Retired Navy and My Mom is Pinay (Philippines) they got married (finally) 4 years ago and My Dad wants her to come here in the US this year (permanently)

    My second Question is, I've been here in the US for 6 years now, Me and my Brother was petitioned together but only Me was issued a Visa b/c they said my Bro was 21. That was in 1997 and they still havent given him a Visa Number. he will turn 29 soon. We are trying to get help so He and Mom can come together here in the US but we're not having any luck, We ask them if maybe my Bro was already a US citizen b/c My Dad is US born but they gave Us a form to fill out that doesn't even pertain to my Brothers kind of case.

    I would really appreciate any Help or Advice.Thanks (sorry 4 the spelling)

    Comment


    • #3
      Hi Annabelle,

      You said they got married 4 yrs ago.... And u r here in USA already for 6 yrs now??????? You and your brother were petitioned together?????????

      But your brother was 21 yrs old so he didn't prevail at that time....

      Sorry but I m little bit confused here...

      Comment


      • #4
        If your brother can prove (with the help and support by your father) that he's been supporting your mother financially and otherwise in the raising, then he can claim immediate U.S. citizenship. The U.S. citizen father must show some kind of proof that the foreign born child is biologically his and he needs to show a tie (birth certificate?). You and your brother should have never have to apply for immigration status or be affected by aging out, because legally speaking you're U.S. citizens already!

        Also, DNA evidence submitted by your father about your brother should immediatly establish his (and yours) U.S. citizenship. Your mom needs to go through the process though, shouldn't take too long, perhaps 2 yrs. max.

        Comment


        • #5
          Your Dad is US Citizen Retired Navy, Before he depart from Philippines he should have spoken to the Consular Officer, while you both were under 21 years age he could have got married in Philippines as well. and you could have been US Citizen by birth though you are born overseas. He would be easly transmit the citizenchip to both of you. But still your brother is a us citizen his case will come under unawereness.
          Thi is the mistake of Embassy employee. though they have two sections (1) Immigration and other is citizenship, when you father file the petitioned that was the employee who ever attended to him should have informed that the kids do have claim to US Citizenship.

          Did you arrived her on petition of your father?
          Your brother should contact the Consular Officer and explain to him that his father is a US Citizen and before he should have the following documents from your father:
          Certified copy of his DD-214, Certified copy of his birth certificate, as well as his marriage certificate, your monthers birth certifiacte. Where did your parents were married. Wish you all the best.

          Comment


          • #6
            As I understand it, both you and your brother may be considered USC (by birth) - You just need to get the proper forms, and show evidence (i.e. a birth certificate.) Don't let the officials give you too much of a run around.

            As for your mom - there are two ways that your father should be able to petition for her. One is a non-immigrant visa for spouses... this one will bring her over quicker, but she will later have to go through the AOS process in order to establish permanent residency.

            The second way is to request residency for her (I believe this is forms DS-230 and the affadavit of support I-864) from the consulate. This way may take longer, but once she arrives, she will not have to adjust status.

            The best thing to do would be to consult with a lawyer. This is relatively commonplace, and therefore should not be very problematic, however, patience will be needed (as with anything dealing with the immigration laws here!)

            Good luck to you all, I hope you all work it out soon!!

            Comment


            • #7
              If you and your brother was born 12/24/1952 and prior to 11/14/1986 your father need to proof that he had physically present in US for 10 years prior to the childs birth. five of which after the age of 14. Honorable US military service. such service may be included. Sec 301(a)(7) Now 301(g)INA 7 Fam 1133.2-1 and 1133.3-1c
              OR
              If you both were born On or after 11/14/1986 Citizen parent physically present in US or possession 5years prior to childs birth, two of which after age 14. Sec(g)INA P.L. 99.653 and P.L.100-525

              Print this and send to your brother, Ask your brother to Picup Affidate of Physically Presence from the US Embassy mail to you and ask your father to complete and get that notrised from the nearest DOD office.
              The US Embassy should issue a passport to your brother. and in your case you can file for certificate of citizenship. I am trying to collect some documents for you keep in touch.
              Let my experience work for you.

              Comment


              • #8
                This section of the INA 301(a0(7) and 301(g) 7Fam 1133.2-1, 1133.3-1c
                BORTH ABROAD TO U.S. CITIZEN PARENT AND ALIEN PARENT

                Comment


                • #9
                  The above section of the INA and 7Fam should be enough to proof that both of you are US Citizens.
                  I don't know which Kabayen had attended to your dad and had mess all for you. I will try to contact some one in Philippens to find out.

                  Comment

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