Fraser, MI Immigration Law Firms & Lawyers

The NVC does not send any such letter asking whether you wish to adjust or consular process your case. To the NVC, your choice was made at the time that the I-130 petition was submitted when your petitioner filled out whether you were doing one or the other. You can of course change your mind during the process. If you are legally in the country at the time that your priority date is current, you may be able to file an adjustment of status application with U.S.C.I.S. instead of consular processing your immigration papers. However, kindly note that the priority date must be current before you can do this. It will take the same amount of time for the date to become current whether you are outside the US waiting for consular processing or in the US contemplating filing for adjustment of status. There is also no procedure that would allow you to file for adjustment of status ahead of the priority date becoming current and being allowed to stay in the US during the intervening years. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

You can petition for both your mom and younger brother by filing form I-130. However, your brother must wait for his visa priority date to become current before he can immigrate to the US. The current wait time for siblings from Mexico of US citizens is approximately 17 years. It will take approximately 9-12 months to process your mom's paperwork before she can come to the US as a permanent resident.

As long as you are married to a US citizen and entered the United States with inspection as a F-1 student, you can apply for adjustment of status even though you overstayed your student visa.