Massachusetts  |  Immigration Law

Legal Question

Asked on: 4/02/13, 2:37 pm

Hi, Iam Brazilian citizen and I was in USA from 1998 thru 2008.I applied for green card my wife was my sponsor, but before my green card being approved we got divorce and my case was closed.Fill years later my employer applied for me again as a baker, but again they denied.

Now I,m in Brazil and my son born in USA

may apply for me.The problem is that my son doesn't have enough income to support me and my family.I don't need his support, I have income to support my family in case moving to USA.

My question is: Do I have any chance if my son apply the I-130, how long takes to be approved? Thank you very much.

2 Answers


Answered on: 4/02/13, 2:41 pm by Rebecca White

You may use other savings and income other than your son's income after an I-130 is approved, but you will want to have your full immigration history reviewed to determine if you are indeed eligible for returning to the US.


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Law Office of Rebecca White Seattle, WA 98154

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Answered on: 4/02/13, 3:56 pm by Marlene Hemmings

If your son is over 21 years old, then he can apply for you. The I-130 will take several months to be approved, then you have to file a bunch of paperwork with the NVC in order to ultimately get to the interview at the U.S. Consulate.

My concern for your case would be a potential 10 year bar if you accrued a year or more of unlawful presence in the United States during your 1998-2008 stay.

As for the Affidavit of Support, if you son does not have enough income, investments, savings, etc. to meet the requirements, there are other ways to satisfy this, including a co-sponsor & taking your wealth into consideration.


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Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

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