Older son filed I-130 for my youngest sons

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manuelm04

Registered Users (C)
My older son filed I-130 for both of my youngest sons 5 yrs ago. I am an US citizen now and I want the process of getting green cards for them to be faster. Is there a way to update the I-130 petition from my older son, or do I have to start the process all over again?

If I need to start the process, besides the I-130, I-485 and I-864 forms, is there another form to be filed?

I appreciate your help
 
You have to start your own separate process. What is the purpose of filing the I-485? Are your youngest sons in the USA?

If not you do not need to file the I-485 since they will undergo consular processing.

How old are they? Are they old enough to work and domiciled in the USA in which case you should file I-765 as part of the package.

manuelm04 said:
My older son filed I-130 for both of my youngest sons 5 yrs ago. I am an US citizen now and I want the process of getting green cards for them to be faster. Is there a way to update the I-130 petition from my older son, or do I have to start the process all over again?

If I need to start the process, besides the I-130, I-485 and I-864 forms, is there another form to be filed?

I appreciate your help
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Thanks for replying ananga73;
They are 12 and 18 yrs old and they are living in USA with me, both are still attending school.
 
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What prevented them from obtaining a green card along with you or your older son? There may be other issues to take care of before you can successfully sponsor them. Did your younger sons enter the US legally?
 
Thanks for replying Jackolantern,

My oldest son got citizenship and he applied for my wife, my two other sons and myself; My wife already has a green card, I became an US citizen and my sons are in process (I guess because the petition was brother to brother). We all entered US legally with visitor visa.

I checked the status of their cases on the USCIS site and both said they are in "Initial Review"
 
manuelm04 said:
My oldest son got citizenship and he applied for my wife, my two other sons and myself; My wife already has a green card, I became an US citizen and my sons are in process (I guess because the petition was brother to brother). We all entered US legally with visitor visa.
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But that visa has expired long ago, so now your sons are in the US illegally. And that overstay means they would not be eligible to adjust status based on their older brother's petition, nor based on your petition if you were still a permanent resident. But you're a US citizen and they entered legally with a visa, so they can adjust status based on your petition, assuming that neither has left the US since the overstay (even if they left the US and returned it's not necessarily a problem, because of their ages -- but if they have left the US and returned since overstaying, please explain when they left and how they returned).
 
Remember that the 12yo is not subject to re-entry bars, and the 18yo is not either - unless he left, got a new visa, re-entered and then overstayed.

Looks like the OP needs to file an I-130, I-485, I-765 and I-131 for both of them.
 
Thanks everybody for helping;
My sons have not left US land since they came in 2003. I believe no need to file I-765 and I-131 forms, because both of them are in USA; Unless otherwise said.
 
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TheRealCanadian said:
Remember that the 12yo is not subject to re-entry bars, and the 18yo is not either - unless he left, got a new visa, re-entered and then overstayed).
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Hence my statement in parentheses in post #6.

But even the 12-year-old could face problems depending on the circumstances, such as reentering illegally, or entering with a new visa that was obtained by denying the prior overstay.
 
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manuelm04 said:
Thanks everybody for helping;
My sons have not left US land since they came in 2003. I believe no need to file I-765 and I-131 forms, because both of them are in USA; Unless otherwise said.
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I-765 is the employment authorization card, which will enable your 18-year-old to get various things like SSN, a job, driver's license state ID, college scholarship or in-state tuition rates. He should definitely apply for it (he's 18 now, so he'll sign his own I-485, I-765, and I-131 applications).

They will need the I-131 (Advance Parole) to travel outside the US and return before green card approval, so they both should get it in case something comes up that involves urgent travel abroad. And apply to renew their passports, if expired.

There is no fee for the I-131 and I-765 if linked to an I-485, so apply for them anyway even if you don't think they will be used.
 
Jackolantern said:
But even the 12-year-old could face problems depending on the circumstances, such as reentering illegally, or entering with a new visa that was obtained by denying the prior overstay.
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Agreed.

Ditto on the OP filing for the I-765 and I-131. They're included in the price, and better to have and not need, than to need and not have. Look through the forums long enough and you'll see plenty of cases where you have folks with a pending I-485 suddenly need to travel and not have AP.

One other consideration, what is the 18yo's birthday? One 180 days passes after the 18th birthday the 3-year bar kicks in, unless the I-485 was filed prior to this date. If 180 days will have passed it might be a good idea NOT to file the I-131, as a reminder not to travel.
 
My 18 yrs old son was born on April-14-1994, so he will be 19 next month.
I guess no I-131 for him, and just I-765.

To my youngest son will be;
File I-131 and not file I-765

Any other suggestions?
Thanks everybody
 
TheRealCanadian said:
I'd file the I-765; that way he can get an SSN.
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However there's no rush for him to get an SSN before green card approval. He's presumably not going to work or get a driver's license anytime in the next couple of years, and his green card will almost certainly be approved before this end of this year, thereby enabling his SSN to be listed on the 2013 tax return.

Getting the SSN before green card approval would also mean two visits to the Social Security office: once to get a SS card with the employment restriction, and another visit after green card approval to get it removed. For the older son, his urgent need for an SSN makes it worth the trouble, but it could be an unnecessary hassle for the younger son.
 
Hi guys,
My sons got the results from the Medical Examination, so now I can continue with the process.
My two sons have their Mexican passports expired, and I already made an appointment for new passports which it will be in one month (unbelievable).
Now, they used the B1/B2 visa laser to come to US and not the passports.
Do you think could be possible to send the documents ( I-485, 1-130, etc) and once my sons get the interview from immigration officer show them the new Mexican passport? Or should I wait until I have the passports and send the whole package ?
I believe that the passports are just to show to the officer that my sons are Mexicans.
Any suggestions would be appreciated.
 
They don't valid passports to apply for I-485. You can send copies of the identifying pages of their expired passports, and of the B1/B2 cards they used to enter the US.

However, valid ID (not necessarily a passport) is required for the fingerprinting appointment. Your 12 year old won't have to give fingerprints but your 18 year old will. So if his B1/B2 card is expired and he doesn't have something else like a state ID, he'll need to have a new passport before the fingerprinting appointment (which would be about 2-5 weeks after USCIS receives the I-485). Still, I think some people have done fingerprinting with expired passports, so it might not be 100% necessary.
 
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Thanks for replying TheRealCanadian and Jackolantern,
You guys really make my hopes goes up again.

On form I-131 Part 7 (Applying for Advance Parole). They ask me to write on a sheet of paper about "What circumstances warrant issuance of advance parole". I appreciate a little help here, on what kind of circumstances could be appropriate to answer.
 
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