Can my mom still get a greencard?

[punkvegita]

Well, they won't be coming back using an immigrant visa anytime in the next 3 years, so they might as well finish it off.

Whys wouldn't they be able to do that? Do you have to be of 21 years of age?

She needs to, if this situation is to be resolved.

What you mean by that? They can be held liable for what she did? Even if they were to go back before they acquired any sort of illegal presence.

 

[TheRealCanadian]

Whys wouldn't they be able to do that?

Because it will take far more than 3 years for their priority date to become current.

What you mean by that? They can be held liable for what she did? Even if they were to go back before they acquired any sort of illegal presence.

I mean that in order for anyone to help, they need a complete, accurate picture of exactly what happened. If she wants to help her sons, the mother needs to be explicit about exactly what she did.

 

[austriacus]

I agree with TheRealCanadian that the mother should explain the exact circumstances of their entry to them. I doubt it will be held against them, but at the same time, they should never try to conceal the fact that their mother made them enter with fake names when they were minors. I suppose whatever they don't know can't be held against them (and maybe the mother is trying to protect them this way) - but if there's evidence I guess it might be difficult to prove they didn't know so she might as well present all the evidence to them.

About them coming back, is there a chance they'd want to come back within 3 years on a nonimmigrant visa instead of an immigrant visa, e.g. to study in college? The 3-year bar would apply to nonimmigrant visas too, wouldn't it? But I understand a nonimmigrant visa would be difficult for them to get (at this time, perhaps not later after they returned) since it looks like they have no closer ties to another country.

 

[wtnginatl]

punkvegita,

when they leave how are they planning to go back? As far as I know you cannot petition anybody (except a spouse) until you are 21 yrs old. (anybody pls correct me if I'm wrong).

 

[punkvegita]

Because it will take far more than 3 years for their priority date to become current.

What does that mean? Does that mean that even though they are on bar they can start paperwork if say they had another way of getting a visa. I ask because one of my brothers has been going out with his girlfriend for almost 3 years now. She is a U.S. citizen born and they have been in talks of possibly getting married (I know we think it's crazy too, they're both only 17). Now if he went back to Brazil and he had the 3 year bar would she still be able to start filling for him while the bar is in effect? Say when he only had about another year left on the bar. I'm not sure but isn't filling for K-1 visa relatively fast about 6 months if your lucky up to 2 years.

but if there's evidence I guess it might be difficult to prove they didn't know so she might as well present all the evidence to them.

I'm confused as to why this would matter. I mean if they were minors why would they have to prove that they didn't know. If they are minors, wouldn't it not matter if they knew or not because being minors "they have to do what their parents tell them too". Anyways I'm probably way over thinking it. Please explain.

when they leave how are they planning to go back? As far as I know you cannot petition anybody (except a spouse) until you are 21 yrs old. (anybody pls correct me if I'm wrong).

You are correct I would have to be 21. But, who knows other ways could come up. Such as what I explained about one of my brothers.

 

[austriacus]

punkvegita, what I intended to say was that even though as small children they were not responsible for their actions, once they turn 18 and leave and re-enter and are questioned about their prior visits, they should not conceal any facts that they have knowledge of, because at that point they are adults trying to conceal factual information. So participating in fraud as children cannot be held against them, but covering it up as adults probably could.

For your brother, I think a US citizen spouse could file a petition right away, he just has to be outside the country for 3 years until he can return (it would make maybe 6 months difference if she applied right away or after the 3 years).

USCIS may be suspicous of a marriage of two 17 year olds but it all depends on the evidence they can present for their marriage of course. In that case it may be in your brother's best interest to get a lawyer's opinion whether his arrival constituted a legal entry allowing him to adjust status (then he may not have to leave and come back), but again for that he'd need the full information of what happened during initial entry.

 

[punkvegita]

Well I was asking with the thought that he would definitely go back to his home country. SO while he was there he waits roughly 2 and half years since he is on the 3 year bar(if he were to stay to complete high school) so by then he would be 20 if he left when he was 18 then waited 2 more years. So by then it wouldn't be 2 17 year olds it would b 2 20 year olds which sounds better. Which was my question can she file for him 6 months before the 3 year bar is over so that by the time the bar is over he will just have gotten his visa.
And i wasn't implying that they would conceal that they were ever here. But, is it going to cause problems when he comes back and tells them my mom brought me here with her when we were 7, apparently using fake names but she refused to disclose any more information about it. Then maybe tell them you can contact her here. And by the way she would be going back to their home country as well and be there at the time my brother would be trying to gain entry into the U.S.(if that changes anything). So, where I'm confused is if they left waited the 3 year bar like good old boys and then he tried coming back what would be the issue.

 

[TheRealCanadian]

Which was my question can she file for him 6 months before the 3 year bar is over so that by the time the bar is over he will just have gotten his visa.

On what basis do you believe your mother could file for your brothers?

So, where I'm confused is if they left waited the 3 year bar like good old boys and then he tried coming back what would be the issue.

Again, on what basis could they come back?

 

[GotPR?]

Well I was asking with the thought that he would definitely go back to his home country. SO while he was there he waits roughly 2 and half years since he is on the 3 year bar(if he were to stay to complete high school) so by then he would be 20 if he left when he was 18 then waited 2 more years. So by then it wouldn't be 2 17 year olds it would b 2 20 year olds which sounds better. Which was my question can she file for him 6 months before the 3 year bar is over so that by the time the bar is over he will just have gotten his visa.

Who is "she" ?

 

[PraetorianXI]

Who is "she" ?

I think she is talking about the 17 yr old USC girlfriend.

 

[austriacus]

punkvegita, about the girlfriend filing a petition 2 1/2 years into the bar, that should be possible. Your brother should probably also know that if he decides to stay here and accumulates unlawful presence, if he is eligible to adjust status his unlawful presence would be forgiven if he marries a US citizen (which hinges on his admission being considered legal or illegal, whether he is eligible to file for AOS).

Also, if he finishes high school, he'll have accumulated about 7-8 months of illegal presence - just enough to trigger the 3-year bar - I'm not sure why he'd want to take the bar for the couple of weeks he'd have to leave earlier - although finishing education is certainly important and if a 3-year stay outside the US fits into his plans then it may just be the right thing for him to do.

 

[punkvegita]

Yeah I didn't mean for my mom to file for him, I was speaking of his US citizen girlfriend, that's who "she" meant.

Your brother should probably also know that if he decides to stay here and accumulates unlawful presence, if he is eligible to adjust status his unlawful presence would be forgiven if he marries a US citizen (which hinges on his admission being considered legal or illegal, whether he is eligible to file for AOS).

Could you elaborate on this. Does that mean he would never have to leave? How would he know if he's eligible for the AOS. And, even with him coming here when he was 7 with our mom with fake names he might still be eligible? Please just explain a little bit more.

*Edit* Ok I re-read it and I understand it now. It meant hat he would have to find out if his entry into the U.S. is considered legal. If it is he would be able to file for AOS if it isn't then he wouldn't be able to file. Is that it?

Also, if he finishes high school, he'll have accumulated about 7-8 months of illegal presence - just enough to trigger the 3-year bar - I'm not sure why he'd want to take the bar for the couple of weeks he'd have to leave earlier - although finishing education is certainly important and if a 3-year stay outside the US fits into his plans then it may just be the right thing for him to do.

Well it was just a thought I had, but his birthday is in late November and graduation would b around the middle of May I believe. Well it's something like they don't have to go for any more classes as of middle of May. But then the graduation ceremony is in June. So would that be cutting ti too close if he left right after classes were over for him. like 1 week before it would be the full 180 days or so. And if you can answer the above question saying he could stay then maybe this won't matter.

 

[TheRealCanadian]

Ok I re-read it and I understand it now. It meant hat he would have to find out if his entry into the U.S. is considered legal. If it is he would be able to file for AOS if it isn't then he wouldn't be able to file. Is that it?

Yes. And this is why it's absolutely critical that if there is an AOS filing, that your mother provide the attorney with a truthful and complete account of everything that happened surrounding his entry to the US.

 

[austriacus]

Agreed with TheRealCanadian's answer. Just in case the brother does need to leave ... as long as he leaves on the 179th day after his turns 18 he should have no bar. Looks like mid-May might be ok, but in June he's got the bar.

Here are your two action items:
1. Check with a lawyer (or better yet get several lawyer's opinions) as to the legality of your brother's entry.
2. Have your brother ask his school if it's necessary for him to attend the ceremony in order to get his degree, or if he could leave after completion of his classes. I'm sure they would try to work with him if he tells them he absolutely needs to leave by late May.

So now we need to find a solution for your other brother, right? (Are they twins?) I'm afraid I can't think of an easy solution for your mom, but it's critical that she helps with your brothers' situation.

 

[punkvegita]

Ok, yeah all that makes sense to me. Now to convince my mom to spill the beans and to get a lawyer to help. And, yes they are twins.