Long Beach, NY Immigration Law Firms & Lawyers

It seems odd that your brother has derivative citizenship status if he was deported. However, I've seen the government make mistakes. I recommend you either consult with our or another's office to determine whether your brother acquired US citizenship status.

Your spouse can co-sign your affidavit of support (and should do so if your personal income is not enough to qualify you for sponsorship). If your entire household income is less than the federal poverty guideline, your relative needs a co-sponsor who is not part of your household.

If you want to get a green card for your son, you will have to file I-130 Petition with all the sporting documents. If you become a U.S. citizen, your son will have to wait for an immigrant visa a few months longer. The wait time now is about 7 years; so it is not that much of a difference?. On the other hand, if you remain a permanent resident, he would not be able to marry without losing eligibility for a green card based on your petition; as son of a US. citizen, he would not be so restricted. Either way, the only possible solution to bringing him to the U.S. now would be on a non-immigrant visa, for example, an F-1 student visa. He would have to maintain a valid visa status if he wants to remain in the U.S. while he waits for processing of your petition for his green card; fling of a petition does not entitle him to be in the U.S. If he stays in the U.S. without a legal status for 6 months or longer, he will not get a green card when his case gets processed but would have to leave the U.S. for 3 years (or for 10 years if his illegal stay here exceeds 1 year). Your son should get a student visa (or any other kind of a long-term visa) before you would file an immigrant petition for him.