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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106337
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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US citizen. I want to petition for my mother and brother.

Customer Question

US citizen. I want to petition for my mother and brother. Brother is 21 and is not in the US. Mother entered the US legally but overstayed her visa period. I understand I need to fill forms I-130 and I-864 for both of them.   1) Will my mother case delay the petition for my brother or cause any problems. 2) Can you explain the process for my mother's petition? It appears that I could do the forms myself, do you recommend a lawyer? What are the consequences if her petition is denied? Thank you.
Submitted: 7 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.

You must petition for each seperately. The process for your mother is to file the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for travel permit), G-325a (Biographic data - four for each of you), I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov.

 

It takes about 5 to 7 months and she should not leave the U.S. while this is pending.

 

Your brother, on the other hand, is a big problem. All you can do for him is file an I-130. Because there are so many people applying under that category and not enough visas available, the waiting time for your brother to get a visa is at least 12 years. Perhaps more if your brother is from India, Mexico or the Philippines because those countries have even more applicants each year than the norm. Also, your brother cannot wait in the U.S. for a visa to become available to him nor can he come in on that application until a visa is available to him.

Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Customer: replied 7 years ago.

Mother -

1.What is G-325a?

2. What if her petition is denied? Will she be deported?

 

Brother-

1. I think what are you trying to say is that it will take a long time right? He is not from any of the countries you listed above.

2. He has never been in the US. Can he come and visit me while he waits for this visa number? Meaning can he get a tourist visa back in his embassy? Just to visit me for 2 weeks.

 

Customer: replied 7 years ago.

I am new at this...I don't know if I need to pay again.

 

Mother -

1.What is G-325a?

2. What if her petition is denied? Will she be deported?

 

Brother-

1. I think what are you trying to say is that it will take a long time right? He is not from any of the countries you listed above.

2. He has never been in the US. Can he come and visit me while he waits for this visa number? Meaning can he get a tourist visa back in his embassy? Just to visit me for 2 weeks.

 

It seems it would take less time if I first petition my mother and then my mother petition him as her child. Please advice. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
please be patient. I am driving in my car answering from my cell. This is not a chat but a message board. I will be with you soon.
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
<p>Mother:</p><p>1) The G-325a is a form with biographical information. It is a necessary part of the process. You must fill out one for each of you (copies for each).</p><p>2) If it is denied, she would be at risk for deportation. But I don't see why it would be denied if she came in legally on a tourist visa or she committed some crime.</p><p> </p><p>Brother:</p><p>1) Yes, it will take a long time. About 12 years. If he had been from one of those other countries, it would take longer.</p><p>2) Yes, he can try to come in on another visa for visits or as a student, etc. But he has to have the intention to return home and he has to prove that he has sufficient ties to his home country that are not easily changed or moved in order to guarantee to the U.S. government that he will go back. So it will not be easy.</p>