Ardsley, NY Immigration Law Firms & Lawyers

Why didn't your daughter come with you? Who petitioned you? If you were petitioned by your parent, sibling or spouse, your daughter can joint you very soon. You can also file petition for your son but that will take several years(8-9 years) for the visa number to become current.

Along with the required forms and documents for a relative petition and application for adjustment of status, your friend will need to submit her marriage certificate, the death certificate of her previous husband, her proof of US citizenship, an employment letter/verification, her latest tax return, 2 photos of herself, and evidence of a good faith marriage. In addition, her fiancee will also need to submit proof of legal entry into the US, her birth certificate, a medical exam conducted by a USCIS approved civil surgeon, and 4 photos of herself. The forms should not be submitted earlier than 61 days after the fiancee enters the US or the government will presume that the fiancee committed visa fraud because she had the preconceived intent to immigrate to the US permanently when she entered the country.

There is no reason to file I-864 with an I-130 petition: I-864 will not be considered. Form I-864 Affidavit of Support has to be filed with Form I-485 Application to Adjust Status. I-485 cannot be filed until an immigrant visa is available for the beneficiary. Only spouses, parents, and children of U.S. citizens can file I-485 applications together with I-130 immigrant petitions. In F4 category (brothers and sisters of U.S. citizens), the earliest time an immigrant visa might become available is in October 2027; if your brother is a citizen of Mexico, he will wait for his immigrant visa 5 years longer; if he is a citizen of Philippines - 11 years longer, until 2038. If your brother files I-485 application together with your I-130 petition for him, USCIS will deny the application (and will not return the fee you will pay for filing Form I-485). Please understand that the filing of your I-130 petition does not give your brother the right to remain in the U.S. until his time to receive an immigrant visa comes. If your brother stays in the U.S. after his authorized stay in the U.S. expires, he will become illegal and will not be able to receive a green card even when an immigrant visa will become available to him.