QUESTION

How can I file papers for my mother and two brothers?

Asked on Mar 15th, 2013 on Immigration - California
More details to this question:
Iโ€™m about to be 21 in 3 months I want my mom to be able to come to the USA I also have two brothers which they depend on my mother. My two brothers donโ€™t have the same last name as I do. I also know that back then my father filed for her but never got a response to see if she got the papers. I want to know what happened to that. I also want to know what do I need to be able to file for them 3. My mom is currently not living in the USA.
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3 ANSWERS

Adebola O. Asekun
In order to file for your mother and siblings your first step is probably to inquire what happened to the initial petitions filed by your father, especially if your petitions for your brothers were also filed at the time. How you proceed will depend on the outcome of that inquiry. But with respect to your mother in particular, you can file a Form I-130 petition for alien relative with CIS. As an immediate relative of a US citizen [you] approval of that petition is currently taking about 8-10 months. Once approved, you will contact or be contacted by National Visa Center "NVC" for the next step which is to apply for na immigrant visa. The IV package including the forms; fees and I-864 affidavit of support will be sent to the US embassy in your mother's home country where she will be called to appear for immigrant [green card interview] You can simultaneously file for EACH one of your brothers as siblings of US relative [you] in the F4 family preference category. Petitions in that category often take a very long time and the earlier you file their petitions the better. This is why you need to inquire as to what happened to the earlier petitions filed for them, if any. They may have earlier priority dates or CSPA benefits and as such will have a much earlier time coming to the US.Finally, as a 21 year old, there may be issues regarding your ability to complete Form I-864 Affidavit of Support. If so, you need a co-sponsor able to undertake the financial obligations
Answered on Mar 18th, 2013 at 8:34 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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You left out many details that would allow us to assist you properly. The analysis may be bit complicated and may require addressing several nuances in your situation. It is recommended that you engage competent immigration law counsel to assist you with your matter.
Answered on Mar 17th, 2013 at 8:37 PM

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You can petition for your mother and for your brothers but your mother will qualify for a visa within about 9-12 months whereas the wait for your brothers will be about 10-12 years. As far as your father's petition, you need to find out from him if he had ever received any correspondence from USCIS on his petition.
Answered on Mar 17th, 2013 at 8:35 PM

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