How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94664
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 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., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94664
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Customer: replied 5 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 5 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 5 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 5 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>

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions