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N- 400 -My mother is 83 years old she is applying for naturalization. Her son entered USA with tourist visa but he stayed.

Jacksonville, AL |

He has not problems with the law, pay taxes and lives alone. We live in another state and my mother does not support him . He is 54 years old. Should I answer that he lives in State of New Jersey but we don't know his address in additional piece of paper? do you think it will affect mom's naturalization or my brother somehow? Oh I forgot my mom has Dementia of Alzheimer's type. She is in second stage but she still understand little bit of things and she is able to sign, can she apply for him with I-30? Thank you so much for your answers

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Attorney answers 2

Posted

Once your mother naturalizes, she can file form I-130 for your brother. However, unless he is grandfathered by section 245(i), he will not be able to use your mother's 1-130 petition to apply for adjustment of status. Your brother should consult with an experienced immigration attorney to properly understand the process. Also, the waiting period can be from 7 to 19 years depending on where your brother was born. Good luck.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

Asker

Posted

but what about my mom's answer in part 9 my brothers' address information we know that he lives in New Jersey but we don't know his physical address. Do we need to answer lives in NJ physical address unknown?

Asker

Posted

I don't know what do you mean with grandfather by section 245(i)

Posted

If you do not know your brother's address, how are you going to file an I-130 for him?

You need to answer all questions on the N-400 truthfully.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

I'm not filling I-30 petition, my brother called a month ago and he asked us if our mom is applying for citizenship to help him. That's it. We really don't know his physical address, only that he lives in NJ. If he wants that my mom's fill his I-30 he has to do it thru a lawyer and give him the information.