Immediate Help Required Please

[taahaa]

Hi Guys!

This forum has been very informative and helpful, I have understood a lot of things, however I need your expert opinions on what I should do, because quite frankly I m all out ideas and at my wits end.

I would like to apply for a Green Card for my mother and siblings, I know that I have to fill out the I-130 and I-485 for my mother, and the process would take roughly 6 months for her to get approved. This is correct right? (This is what a lawyer has told me)

As far as my siblings are concerned, I have read on line that I have to file separate I-130's for them, and it would take about 10 years, the faster way to get this done would be to wait for my mother to get her petition approved and then she can petition for the children. Note, the siblings are 17 and 9 years old. This is also correct right?

However, I met this lawyer, who told me that since my siblings are minors, I could just include their names on the same I-130 as my mother. I am having trouble believing this, because I have read entirely different things on line. Also the lawyer quoted about $13,000 ($5000 for the forms and $8000 as his legal fees.). Could someone please enlighten me at this point?

Now, guys, my parents and siblings are already in the states on a B1/B2 visa, and I know that I should wait at least 3 months before I file any paperwork, because of the intent thing.

Could anyone please suggest to me what plan of action I should follow, so that my mother and siblings could stay in the states? Going Back to my home country is not an option at the moment?


Thank you for your time and I honestly look forward to your responses.

MT

[taahaa]

Guys? Anything?

[newacct]

I would avoid this "lawyer". Your mother is in the Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen), which cannot have derivative beneficiaries. That a lawyer would not know something that basic is scary.

Your mother can petition for them when she becomes a permanent resident. They would be in the F2A category (under-21 unmarried child of permanent resident), which has a wait of around 1.5 years. With their current ages, they can probably immigrate before aging out into the F2B category.

They cannot really stay in the US during this period of time. As they are not in the Immediate Relative category, they cannot do Adjustment of Status if they are out of status. If they accrue 180 days of "unlawful presence" and then leave the US, they trigger a 3-year ban (and if they accrue 1 year of "unlawful presence" and then leave the US, they trigger a 10-year ban). They do not accrue "unlawful presence" for this ban while under 18, so this is only an issue for the 17-year-old.

[taahaa]

Hi!

Thank you for your response! It has cleared a lot of things for me.

One last thing, could you maybe suggest a possible alternative for my sibling? (the 17 year old). You see, my mother's main concern is that she doesn't want him to back to his home country. Therefore could suggest a way for him to legally stay in this country?

Thank you for response and time, awaiting your reply!

MT

[newacct]

Hi!

Thank you for your response! It has cleared a lot of things for me.

One last thing, could you maybe suggest a possible alternative for my sibling? (the 17 year old). You see, my mother's main concern is that she doesn't want him to back to his home country. Therefore could suggest a way for him to legally stay in this country?

Thank you for response and time, awaiting your reply!

MT

Like I said, neither of them can stay legally in the country during this time beyond the expiration of their status. Both of them will have to go back at some point to do Consular Processing for an immigrant visa, since they won't be able to do AOS as they won't be in status for that long. Staying here illegally before going back is more of a problem for the 17-year-old as they should try not to accrue 180 days of "unlawful presence" after turning 18, but it is still illegal for both of them.

[taahaa]

Hi!

Thank you for your responses! Also you might have no idea, but you have been a great help!


Just one last thing, whatever happened to this forum? I mean before a lot of people used to post, and now quite frankly they don't?

Thank you!

MT

P.S I hope you have a great day