my mom has filed for her green card, but my 16yr old brother is visisting the US. Does he have to go home?
- FoofaLv 76 months ago
Simply applying for a green card says nothing about your mother's current status in the US (which would likely be the same status your brother shares). Green cards are generally applied for on behalf of those on work visas or for relatives still living in foreign countries. As you don't say where Mom is or how she's qualified to receive a green card it's impossible to know.
- 6 months ago
If he's visiting then why wouldn't he go home when the visit is done
- ibu guruLv 76 months ago
Your mother cannot petition for a minor child until after she receives her green card. If the child is on a tourist visa, he must return to his country of citizenship before his I-94 expires. If he is not legally present, he must return home. There is no way your brother can remain in US while awaiting any immigration visa.
Your mother must earn enough to support self, all dependents, plus the person(s) she sponsors. She will need her current year paystubs, and her last 3 years of US income tax returns. If she is awaiting a green card, she must have been on some status (e.g. employment visa) which allowed her to legally work, or else she's going to start looking for a job only after she obtains a green card. It could be quite a long time before she's earning enough to sponsor anybody's immigration. What's going on with that?
- Lisa ALv 76 months ago
From what you wrote, I assume that he has a tourist visa. He must return home before his I-94 expires.