Q: A US citizen is visited by her mother and a brother. If mother is approved to stay, will brother still have to leave?
Brother is 4 years old. Mother is approved to stay after filing I-130. The airline will not let a 4 y.o. to fly back without a guardian. Will USCIS adjust his status or does he have to stay over his tourist visa expiration date? If a mother files for her child, it may take around 4 years. That's a long time to not have a legal status. Please advise. Thank you!
A: When you say that the "[m]other is approved to stay after filing I-130", do you mean that the mother filed also a Form I-485, Application to Adjust Status, and that it was approved? To the extent that the mother already has an approved Form I-485 and is now a U.S. Legal Permanent Resident or is pursuing a Form I-485 and does not intend on leaving, unfortunately the mother's 4 year old child cannot "piggy back" on her case. The U.S. Citizen sibling can file a petition for the 4 year old sibling, but that case will be subject to a quota and can take years to come to fruition. Similarly, once the mother becomes a U.S. Legal Permanent Resident, she can file a petition for the minor child, but that case too will be subject to a quota and may take several years. The U.S. Citizen and the U.S. Citizen's mother should schedule a consultation with a competent immigration attorney to discuss possible options/strategies for the 4 year old child.
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