What is the best and fastest strategy?

mosamno2

Registered Users (C)
I would like to bring my family to the U.S.
My family consists of: parents, 2 brothers unmarried and over 21 and a 3rd brother who is 16 years old.
What is the best strategy to do that?

Thank you in advance.
 
When you become a US citizen you can bring your parents in less than a year.

But bringing your brothers is going to take 10 years or more*. It would be faster for them to seek other avenues to immigrate, such as via employment.


*except your 16 year old brother who might be able to immigrate a bit faster if your parents sponsor him when they get their GC.
 
When you become a US citizen you can bring your parents in less than a year.

But bringing your brothers is going to take 10 years or more*. It would be faster for them to seek other avenues to immigrate, such as via employment.


*except your 16 year old brother who might be able to immigrate a bit faster if your parents sponsor him when they get their GC.

I am a citizen now.

Regarding my parents, should I file I-130 and I-485 together or I-130 now and I-485 when they come to the U.S?

Regarding my 16 years old brother, Should I sponsor him or wait for my parents to sponsor him after they get their GC?

Thanks for the help.
 
I am a citizen now.

Regarding my parents, should I file I-130 and I-485 together or I-130 now and I-485 when they come to the U.S?

Regarding my 16 years old brother, Should I sponsor him or wait for my parents to sponsor him after they get their GC?

Thanks for the help.

You are confusing the processes. When an Immediate Relative (or preference relatives) are located outside the U.S., they will go through consular processing later rather than through adjustment of status (AOS uses the I-485).

At this point, you file I-130s (one for EACH relative) just to get things started. You will have months to figure out the rest for your parents and years for your siblings.

Good Luck,
 
I am a citizen now.

Regarding my parents, should I file I-130 and I-485 together or I-130 now and I-485 when they come to the U.S?
I-130 alone, since they are outside the US. Specify a consulate in their country for question 22 of the I-130, then after I-130 approval the case will be forwarded to that consulate* where they will complete the process including the interview.

Regarding my 16 years old brother, Should I sponsor him or wait for my parents to sponsor him after they get their GC?
Both. File for him yourself, and also have your parents file for him, then he can immigrate via whichever one reaches the consular interview faster. Currently the wait for under-21 children of LPRs is under 3 years, so it's likely they can bring him much faster than you can, but he might age out of the under-21 category and take many more years to immigrate.

*unless that particular consulate doesn't do immigrant visa interviews, in which case they'll send it to another consulate in their country or a nearby country
 
Thank you

Regarding the affadivate of support, my income now is not enough to sponsor 3 family members plus my own houshold(wife and kids) but my parents have money and can support themselves. Is documentation of their assets enough or should I should find a cosponsor?
 
Regarding the affadivate of support, my income now is not enough to sponsor 3 family members plus my own houshold(wife and kids) but my parents have money and can support themselves. Is documentation of their assets enough or should I should find a cosponsor?

Every $5 of acceptable assets (from them and you combined) will reduce the income requirement by $1.
 
similar situation

Which is faster/recommended:

GC parent applies for soon to age out son?
Or
USC sibling applying for brother?

Is it any faster if they are already in the US?
 
Which is faster/recommended:

GC parent applies for soon to age out son?
Or
USC sibling applying for brother?

Is it any faster if they are already in the US?

Inside the US legally or illegally? If legally, when does the status expire? When does the GC parent expect to become a USC?
 
Is that means if the assets equal $100,000 will cover $20,000 of the AOS?

Is bank account with good balance an acceptable asset?

Yes, $100K of assets would offset the income requirement by $20K.

A bank account balance is one of the best types of assets for this purpose, since it doesn't involve subjective procedures (like having to get an appraisal for a house).

However, it is important to show that the money has been there for some months, because if the money suddenly appeared in the account last week it looks like it could be somebody else's money put there temporarily for the affidavit of support, to be returned shortly afterwards.

Note that if your parents are going to be interviewing for the GC outside the US at a consulate, you don't provide the Affidavit of Support until near the end of the process, after the I-130 is approved.
 
GC parent becomes USC in 4.9yrs.

4.9 years from now? So the parent just got the GC a couple months ago?

If they're that far off from US citizenship, the son will surely age out into the 21+ category, which currently has a wait of about 10 years which would be reduced to about 7 years if the parent becomes a USC. So that way would be faster than sibling sponsorship ... EXCEPT if that son gets married before the sponsoring parent becomes a USC, the petition would be nullified, whereas sibling sponsorship doesn't have that restriction against marriage.

So I would advise applying both ways, then he can pursue whichever one reaches the last stage first.

Pursuing either in the US is probably infeasible, because that would require him to be in the US legally for so many years.
 
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4.9 years from now? So the parent just got the GC a couple months ago?

If they're that far off from US citizenship, the son will surely age out into the 21+ category, which currently has a wait of about 10 years which would be reduced to about 7 years if the parent becomes a USC. So that way would be faster than sibling sponsorship ... EXCEPT if that son gets married before the sponsoring parent becomes a USC, the petition would be nullified, whereas sibling sponsorship doesn't have that restriction against marriage.

So I would advise applying both ways, then he can pursue whichever one reaches the last stage first.

Pursuing either in the US is probably infeasible, because that would require him to be in the US legally for so many years.

So it still takes a long time if a GC holder parent applies for a under 21 child -- right? What happens when they age out? Does the application just change category or does it get nullified? Also since they are in the US would they apply for adjustment of status of the child concurrently?

So different question if a USC child applies GC for one parent but also has a sibling under 21 (dependent of the same parent) can the USC child apply for both the parent and sibling together (as a family) or are they two separate applications with different tracks and processing times?
 
So it still takes a long time if a GC holder parent applies for a under 21 child -- right? What happens when they age out? Does the application just change category or does it get nullified?
Aging out would move him from family 2A to the family 2B category. Then naturalization of the parent would move him to the family 1st category. Marriage before the parent's naturalization would nullify the petition, but marriage afterwards would move him to the family 3rd preference category.

Also since they are in the US would they apply for adjustment of status of the child concurrently?
When a parent petitions a child, concurrent filing of I-130 and I-485 is not allowed unless the parent is a USC and the child is under 21. To become eligible to file for adjustment of status as an over-21 son, he will have to wait some number of years for the visa bulletin to reach his priority date, AND he must be in the US legally, with that legal status obtained from another source (the I-130 itself doesn't give any legal status). Otherwise he would pursue it outside the US at a consulate.

So different question if a USC child applies GC for one parent but also has a sibling under 21 (dependent of the same parent) can the USC child apply for both the parent and sibling together (as a family) or are they two separate applications with different tracks and processing times?
People who immigrate as parents of USC are not allowed to bring derivatives, so your parent and sibling would need two separate applications, with two vastly different time frames. Parents of USC are the fastest (usually under 1 year) while siblings are the slowest (over 10 years).
 
When a parent petitions a child, concurrent filing of I-130 and I-485 is not allowed unless the parent is a USC and the child is under 21. To become eligible to file for adjustment of status as an over-21 son, he will have to wait some number of years for the visa bulletin to reach his priority date, AND he must be in the US legally, with that legal status obtained from another source (the I-130 itself doesn't give any legal status). Otherwise he would pursue it outside the US at a consulate.

I have a similar situation, I am waiting on my USC and hoping to apply for my parent who is out of status -- does this mean they cannot adjust status while in the US?

I also have a 20y old bro who is out of status (for many years), we were hoping that after my parent became a GC holder they could apply for the sibling -- is that possible? Will he have to leave the country? Can he even re-enter? Can a company sponsor him if he gets a job offer? Any help in this situation would be highly appreciated.
 
I have a similar situation, I am waiting on my USC and hoping to apply for my parent who is out of status -- does this mean they cannot adjust status while in the US?

Out of status parents of USC can adjust status if they entered the US legally and don't have any restrictions against them (e.g. criminal record, entering with visa waiver or airline/ship crew member visa, still serving a 3-year/5-year/10-year ban due to previous immigration violations, etc.).

But over-21 children of USC have to be in the US legally* to adjust status.

I also have a 20y old bro who is out of status (for many years), we were hoping that after my parent became a GC holder they could apply for the sibling -- is that possible? Will he have to leave the country? Can he even re-enter? Can a company sponsor him if he gets a job offer? Any help in this situation would be highly appreciated.

If his parent became a USC before he turned 21, he could adjust status if he entered the US legally (and otherwise didn't have any restrictions against adjustment, as I mentioned above). But he's 20 and his parent obviously can't become a USC before he's 21, so he won't be able to adjust status from his parent's petition, and can't adjust status through employer sponsorship either. He will have to leave the US and wait out the 10-year ban, unless he marries a US citizen. You don't have to wait for the 10-year ban to expire to file for him; he can wait out the 10 years simultaneously while waiting the 11-12 years for your petition to become ripe for a consular interview.


*some people in that situation can adjust status despite being here illegally, if they were in the US and were grandfathered in by having the relevant paperwork filed before the April 2001 deadline for 245(i). However you have given no indication that your relatives would qualify for that.
 
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