khai

Trying to find out what forms need to be filed by a US citizen petitioning for an immigrant visa for his sibling who is 17 years old and already in the US on F-1 (B2 changed to F-1).

I know that I-130 needs to be filed, but does I-485 also need to be filed concurrently (and sent to Chicago lockbox?) since he would be 'adjusting status' here in the US ? and what about Advance parole (I-131?) etc.. would a AP document help him re-enter the US since his B2 has expired and does not have a valid visa.

Thanks.

fatbrit

Sibling sponsorship has a long line -- figure a dozen years or so! Your brother will not be able to remain or enter the US on the basis of your petition. Just file the I-130 for now -- that's as far as it goes till he gets to the front of the line. And that's going to be a long time away.

If he is in valid F1 status, the visa should allow him to enter and leave the country.

crg

I know you implied that he would have an F-1 status, and F-1 visa but I'll clarify the issue.

khai: Unless he takes a short trip to Canada, Mexico and a few specific islands, he can't travel back to the US without an F-1 visa. He is an F-1 with a B-2 visa.

Once the I-130 is filed, he would have to disclose that information on any and all future nonimmigrant visa applications.

meauxna

khai, why don't you just post your whole situation and see what suggestions people have for you? You're going at this thing totally piece meal and more likely to make a mess of it.

You can not file I-485 & get a green card through your sibling, not until a visa number is available for you, in 10-12 or so years.

khai

Not much to add to the story..other than we're trying to get a I-130 petition with USCIS for a US citizen's brother who's already in the US.

The reason I asked about the I-485 is because someone mentioned to us that it is easier to file the I-130 and I-485 together if the beneficiary is already in the US.

So are you saying that at this time only an I-130 needs to be filed ? After say 12 years, when a visa number is available and if he is still in the US on some other F-1/H1B etc visa at that time, is that when an I-485 needs to be filed? I guess I am wondering, once the visa number is available, what forms need to be filled out or how do we proceed?

Is there any difference in the forms that need to be filled out if the parents, who will soon be LPRs, file immigrant visa petition for that son -- is it simply I-130 also at this time?

Noorah101

That part is easy. All you do is file the I-130 along with any supporting documents it requires. Not difficult at all.

Only if they fall into a category where a visa number would be currently available for them, which your brother is not in that category.

At this time, only an I-130 is *allowed* to be filed. There is no basis for filing the I-485 yet, until a visa number becomes available in that category for him.

Yes, that's correct.

As of today, the forms that are needed would be I-485, G-325A, I-864, I-765, I-131, and a full medical. Twelve years from now, things might be different and different forms might be required. You never know.

Here are the categories for children and unmarried sons of LPR's:

FAMILY-SPONSORED PREFERENCES

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Once the parents become LPRs, they file an I-130 for the son. How long it takes for a visa number to become available depends on the age of the son.

See the Visa Bulletin for more details: http://travel.state.gov/visa/frvi/bu...etin_4497.html

Rene

khai

Thanks Rene, that clarifies things a lot.

Crg14624, you said:
khai: Unless he takes a short trip to Canada, Mexico and a few specific islands, he can't travel back to the US without an F-1 visa. He is an F-1 with a B-2 visa.

What did you mean by 'unless'? He is on F-1 status now with but the B-2 visa has expired. I thought that you couldn't even take any trip (and return from) outside the US without a vaild visa. Are you saying he can travel to Canada, Mexico and a few specific islands for short trips and re-enter without a visa ?

Noorah101

No, he's saying that when he leaves the USA, he will need to obtain the F-1 visa in his passport before returning to the USA.

Rene

crg

That's exactly what I'm saying. He needs a valid I-20, a valid F-1 I-94 (it was probably attached to the Form I-797 COS approval notice), and a valid passport. He can only go to Canada, Mexico or certain adjacent islands for less than 30 days. He can't be a national or Iran, Sudan, Syria, North Korea, or Cuba. He can't require a waiver of inadmissibility. He can't apply for a US visa on the trip. He has to be otherwise admissible.

If all of those things apply, he can travel to Canada, Mexico, the islands etc and come back without seeking a new visa. It's called automatic visa revalidation.

Check 22 CFR 41.112 for the complete regulations.

http://www.uscis.gov/propub/ProPubVA...b1c58f5df66d79

This link may work better:

http://www.uscis.gov/propub/DocView/...ite=#0-0-0-359

Noorah101

Sorry crg, I had misunderstood you as well.

crg

I figured it was a misunderstading. We've had more than a few auto reval discussions on here over the years.

khai

Now this is something absolutely new to me as I suspect it is to quite a few folks here. I am almost thinking there might be a good change that not all POE officers know this piece of CFR and would likely not allow him back-in to the US, if he were to take such a trip - LOL.

This rule isn't a just for one-time travel to such countries, is it? Or is this valid for any number of such trips within the validity of his latest I-94 Duration of Status ? Just curious.

crg

If the first officer the person encounters doesn't know about it, the officers in the office would likely know about it once the person is sent in. Hopefully, the airline or cruiseline would know about it too. I think that's the most likely problem for air/sea travel.

It's not uncommon for school officials to explain it to their students. Also, this information may be listed on Page 2 of the SEVIS I-20 if I recall.

"This rule isn't a just for one-time travel to such countries, is it? Or is this valid for any number of such trips within the validity of his latest I-94 Duration of Status ?"

There is no limit. Someone could presumably sleep in Mexico each night and travel to school each day by using this provision as long as they are otherwise qualified.

khai

Rene, I understand there is some difference in timelines, I had simply meant to ask whether there was any difference in the forms that need to filed now if the soon-to-be LPR parents, instead of the US citizen sibling, were to petition for the son. I am assuming the answer is no difference - they would just need to file the I-130 now and wait for a visa number to be available for him. Correct?

He's 17 now, so he'd fall under family category 2A which has about 5 years backlog, so he would be 22 when a visa becomes available to him, Correct?

Noorah101

Correct.

There's really no way of knowing, for sure. We don't know how many people are applying, how many are ahead of him in line, etc. There is currently a 5-year backlog, but there's no telling how much the backlog will get cleared within the next 5 years. You can guesstimate, but that's about it.

Also, he should not get married in the meantime, or it will change his category again.

I also am not sure if him turning over 21 during the process will affect anything.

Rene