Questions about the process

[rafael113]

Hi,

I am a 20 year old son of a U.S. citizen and I currently live in Brazil. I'm enrolled in medical school here and I'm interested in applying for a Green Card so that I can go the US after I graduate and possibly work there. I know about the process of becoming a doctor in the US as a foreign graduate, so that's not the point of this thread. What I'd like to know is:

1) Granted that I send my I-130 form before my 21st birthday, will I be considered an "immediate relative" for the whole process? I read that the CSPA "freezes" my age while the I-130 is pending, but I didn't understand what happens after the I-130 is approved and sent to the NVC.

2) Considering that everything goes well and I get a Green Card at age 22 or so, do I have to move to the US immediately? I have still 4 years left at medical school here, and only after then I'd be able/ willing to leave Brazil. If I were to stay here until I graduate, would I lose my GC?

Any help is appreciated.
Thanks in advance, Rafael.

[Adrian Gruber]

Understanding the process

Hi,

I am a 20 year old son of a U.S. citizen and I currently live in Brazil. I'm enrolled in medical school here and I'm interested in applying for a Green Card so that I can go the US after I graduate and possibly work there. I know about the process of becoming a doctor in the US as a foreign graduate, so that's not the point of this thread. What I'd like to know is:

1) Granted that I send my I-130 form before my 21st birthday, will I be considered an "immediate relative" for the whole process? I read that the CSPA "freezes" my age while the I-130 is pending, but I didn't understand what happens after the I-130 is approved and sent to the NVC.

2) Considering that everything goes well and I get a Green Card at age 22 or so, do I have to move to the US immediately? I have still 4 years left at medical school here, and only after then I'd be able/ willing to leave Brazil. If I were to stay here until I graduate, would I lose my GC?

Any help is appreciated.
Thanks in advance, Rafael.

Good afternoon, please understand that I am not an attorney.

Before beginning I would like to explain how the process works from my perspective and clarify some issues.

1. The I-130 is a petition and if granted will identify you as a legitamate beneficairy of a US citizen, the petition must be generated by the sponsor your immediate US relative.
That is your American parent must petition USCIS, There are several documents that must be provided by both of you concerning Proof of American Citizenship/ Birth Certificates and also will you be
financially supported by your sponsor/parent. I'm including the link directly to the I-130 for you to read: https://www.uscis.gov/i-130
Another consideration is that you will remain in Brazil your petition will be handled thru the nearest US Embassy at the consular level. I know my processing time was 5 months and I live in the US.

2. You now will begin the AOS process (Adjustment of Status) phase. NB: YOU HAVE THE OPTION OF FILING BOTH I-130 & I-485 CONCURRENTLY!
The AOS will require more diligence and costs more money. The I-485 costs here in the US $1070.00 and this includes your Biometrics fee. An additional fee is required for a Civil Surgeon to examine
you and conduct blood tests, I am also providing you with the link explaining the I-485 process: https://www.uscis.gov/i-485


Good luck and we are here to help if you have further questions.

[rayb]

If your father did not register your birth and qualified you as a U.S. citizen (probably because he had not lived in the U.S. long enough to pass on derivative citizenship to you), then he will have to petition you with form I-130. Since you will be considered "Immediate Priority," there will be no "aging out" issues if the petition is processed before you turn 21.

If the petition is processed while you are outside the U.S., you will have to receive your immigrant visa from your processing Embassy, and come to the U.S., after which you will receive your Green Card. You can later return to Brazil with a "Reentry Permit" to allow you to continuing studying in Brazil for up to two years without having to return to the U.S.

If you receive your immigrant visa while in Brazil, there is no Adjustment of Status procedure after you get to the U.S.

--Ray B

Hi,

I am a 20 year old son of a U.S. citizen and I currently live in Brazil. I'm enrolled in medical school here and I'm interested in applying for a Green Card so that I can go the US after I graduate and possibly work there. I know about the process of becoming a doctor in the US as a foreign graduate, so that's not the point of this thread. What I'd like to know is:

1) Granted that I send my I-130 form before my 21st birthday, will I be considered an "immediate relative" for the whole process? I read that the CSPA "freezes" my age while the I-130 is pending, but I didn't understand what happens after the I-130 is approved and sent to the NVC.

2) Considering that everything goes well and I get a Green Card at age 22 or so, do I have to move to the US immediately? I have still 4 years left at medical school here, and only after then I'd be able/ willing to leave Brazil. If I were to stay here until I graduate, would I lose my GC?

Any help is appreciated.
Thanks in advance, Rafael.

[rafael113]

Good afternoon, please understand that I am not an attorney.

Before beginning I would like to explain how the process works from my perspective and clarify some issues.

1. The I-130 is a petition and if granted will identify you as a legitamate beneficairy of a US citizen, the petition must be generated by the sponsor your immediate US relative.
That is your American parent must petition USCIS, There are several documents that must be provided by both of you concerning Proof of American Citizenship/ Birth Certificates and also will you be
financially supported by your sponsor/parent. I'm including the link directly to the I-130 for you to read: https://www.uscis.gov/i-130
Another consideration is that you will remain in Brazil your petition will be handled thru the nearest US Embassy at the consular level. I know my processing time was 5 months and I live in the US.

2. You now will begin the AOS process (Adjustment of Status) phase. NB: YOU HAVE THE OPTION OF FILING BOTH I-130 & I-485 CONCURRENTLY!
The AOS will require more diligence and costs more money. The I-485 costs here in the US $1070.00 and this includes your Biometrics fee. An additional fee is required for a Civil Surgeon to examine
you and conduct blood tests, I am also providing you with the link explaining the I-485 process: https://www.uscis.gov/i-485


Good luck and we are here to help if you have further questions.

Hi Adrian,

Thank you very much for your answer. About the AOS and I-485, would that allow me to come back to Brazil and finish my studies without losing my permanent resident status? Would there be a limit to the time I'd be allowed to stay here in Brazil?

[rafael113]

If your father did not register your birth and qualified you as a U.S. citizen (probably because he had not lived in the U.S. long enough to pass on derivative citizenship to you), then he will have to petition you with form I-130. Since you will be considered "Immediate Priority," there will be no "aging out" issues if the petition is processed before you turn 21.

If the petition is processed while you are outside the U.S., you will have to receive your immigrant visa from your processing Embassy, and come to the U.S., after which you will receive your Green Card. You can later return to Brazil with a "Reentry Permit" to allow you to continuing studying in Brazil for up to two years without having to return to the U.S.

If you receive your immigrant visa while in Brazil, there is no Adjustment of Status procedure after you get to the U.S.

--Ray B

Hello Ray B,

I appreciate very much your answer. I wasn't registered in the U.S. by my father because he only became a citizen when I was 14 or so, so I know I have to apply for permanent residency before citizenship. After receiving my immigrant visa and going to the U.S., for how long would I have to stay there? I mean, would I have to live there for some time or just enter the country to receive my GC and attend the interview? And is 2 years the maximum amount of time I would get with the "Reentry Permit"?

[rayb]

Once you have an immigrant visa (before or after arriving in the U.S.), you have to pay $165 for the Green Card to be issued, and a waiting period of 1-4 months. You can apply for the Reentry Permit, good for two years, before getting the Green Card, but you would end up outside the U.S. without a Green Card when deciding to return to the U.S. (unless someone sends it to you). There is no additional interview after you first arrive in th U.S.

Actually, since you will have derived citizenship when arriving in the U.S., you can immediately apply for a U.S. passport. and won't need the Reentry Permit.

--Ray B

Hello Ray B,

I appreciate very much your answer. I wasn't registered in the U.S. by my father because he only became a citizen when I was 14 or so, so I know I have to apply for permanent residency before citizenship. After receiving my immigrant visa and going to the U.S., for how long would I have to stay there? I mean, would I have to live there for some time or just enter the country to receive my GC and attend the interview? And is 2 years the maximum amount of time I would get with the "Reentry Permit"?