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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a US citizen (naturalized through section 129 of the

Customer Question

I am a US citizen (naturalized through section 129 of the INA-- Military service) and I am applying for a green card for my mother. She lives in Brazil and I am still an officer in the Army reserve. I am getting ready to submit form I-130. based on this
information: 1) Do I file the I-130 with the UCIS, I assume-- and not the US embassy? 2) How long does usually take after and you file form I-130 (and the affidavit of support and other supporting documentation) and what would the next step be? 3) Do I get
expedited service being in the military? 4) Would she be able to get any benefits after she comes here--she is retired and her retirement from Brazil is less than 500.00/month) 5) How long would she have to come here once everything goes through? Thanks!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
Thank you for your service to our country.
You would have to check the U.S. Embassy to ask if they have Direct Consular Filing (DCF). If they do, it would be a matter of weeks processing time. If they do not have DCF, it would be with USCIS in the U.S. and it would take around 5 months to process the I-130 then another 1 to 3 months Consular Processing. You can probably get expedited service and a Military member. Here is a link:
http://www.uscis.gov/military/military-help-line
I cannot tell you if she can keep her Brazilian benefits in the U.S. She would not qualify for most government assistance until she had at least 5 years of Residency and U.S. Citizenship for other benefits. She can always buy insurance.
Once the process is done and she has the immigrant visa, she has 6 months to use it.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
Thanks.I wasn't referring to insurance--she can be on my TRICARE. I was refereeing to supplemental income because she would not be able to retire here in the US.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, she would be a new Resident never having paid into the benefits system. So no, she would not normally qualify for most benefits and you would be on the line to pay back any means-tested public benefits that she uses, so you need to be careful. Here is a link: http://www.nilc.org/sponsoredimms&bens-na-2009-08.html Let me know if you need anything else, but please do not forget that positive rating. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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