Bringing 20 yrs old brother to US?

[angel_eyes1976 0]

go ahead and petition your parents ... and when your parents become lpr have them or one of them file a petition for the brother... it takes maybe 5 years or so for a visa to be available...and by that time the parents would be US citizens...and then they can just upgrade the petition...

[fahim 0]

I think you guys are wrong, no offense but I know 2 guys here who came on this condition.. I will ask them tomorrow and willlet you know..

Fahim

[aaron2020 11,651]

I think you guys are wrong, no offense but I know 2 guys here who came on this condition.. I will ask them tomorrow and willlet you know..

Fahim

We're not wrong.

Whether a child under 21 can immigrate with his/her parent is dependent upon who is sponsoring the parent (beneficiary).

If it's the parent's child who is the peititioner, then the parent is immigrating under the Immediate Relative category and there is not derivative beneficiaries (no other people can immigrate with the beneficiary).

If it's the parent's brother or parent, then its an F1 - F4 situation where derivative beneficiaries are allowed. However, the Child Status Protection Act will be in play as well as a bunch of other rules.

Ask your friends these questions:

1) Did they receive (not come over to the US - but receive) their visas before the age of 21?

2) If they came over with their parents, who sponsored their parents? Brother, sister, grandparent, or one of their child.

CSPA will apply in Question 1 and derivative beneficiary rules will apply in Question 2.

Edited September 24, 2008 by aaron2020

[newUSC 1]

Hi,

Thanks for all the inputs.

I just got some info from a friend's friend family. Six years ago, his parents and unmarried sibblings came to USA at the same time via his I-130 applications. The married sibblings stayed and one of them just came last year with another one got the interview date in Nov of this year.

His parents got their Green Cards about 6 months after arriving in the USA but his unmarried sibblings did not have them until 3-5 yrs later.

Don't know if rules have changed recently but from that case, unmarried sibblings would accompany their parents to the USA.

Please advise. thanks.

[Boiler 45,524]

V Visa maybe, but I thought that went away more than 6 yers ago.

Or the Parents waited until the siblings priority date was current.

[mbmw 0]

OK

I got a good question,

Let's say someone becomes a US citizen, Brings his parents to the United states, this person also has a brother who is an illegal alien Residing in the States, Can they apply for him even though he lives in the states, Can he stay in the meantime?

Thanks

[Mononoke28 135]

They can, but the sibling will remain illegal for at least 10-20 years.

Diana

[aaron2020 11,651]

OK

I got a good question,

Let's say someone becomes a US citizen, Brings his parents to the United states, this person also has a brother who is an illegal alien Residing in the States, Can they apply for him even though he lives in the states, Can he stay in the meantime?

Thanks

No. The brother will remain an illegal alien and will be subjected to a 10-years ban.

There have been illegal aliens who married US citizens and have US citizens babies who have been ban from the US for 10 years. Even though the US citizen filed for them, the illegal spouse had to return to their countries and endure the 10-years ban. So, I don't see why an illegal brother would be treated better than an illegal spouse.

[angel_eyes1976 0]

OK

I got a good question,

Let's say someone becomes a US citizen, Brings his parents to the United states, this person also has a brother who is an illegal alien Residing in the States, Can they apply for him even though he lives in the states, Can he stay in the meantime?

Thanks

i think it would depend on who the petitioner is... an illegal who came without inspection and is living in the US cannot adjust in country no matter who the petitioner is unless he qualifies under 245i... they would have to have consular processing... if the illegal is being petitioned by the brother or sister, he would be subjected to a 3yr/10 year bar (depending on the number of years of illegal stay in US)...the USC brother can petition the illegal, it will be approved and will be denied at interview...and there is no waiver available to overcome it because a brother or sister is not a qualifying relative... qualifying relatives are USc spouse or USC parents of illegal... if the petitioner is the USC parent, he would still have consular processing ... and then the usc parent would then file a hardship waiver... same goes if the petitioner is a usc spouse...what i've read so far in another forum is that the illegal alien usually stays in the US while the petition is in process... they would go back home during their interview(usually petitioner is the USc spouse)...they're just careful not to run in with ICE, the police or anybody that would jeopardize their status... also other EWI's petitioned by USC spouses are not qualified for waivers when they have multiple EWI...

illegal aliens who came to US on a valid visa but overstayed that visa can adjust status in country if petitioned by a USC spouse... i'm just not sure if they can still adjust in the US if the petitioner is the parent... my guess is they would still do consular processing and then the usc parent would then file a waiver...

this is just based on what i've read on the forums... somebody correct me if i'm wrong...

Edited September 30, 2008 by angel_eyes1976

[Jasman0717 9]

Take a look at the September visa bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_4328.html

I think the USCIS is currently processing applications from the 1st of October 1997.

[sweetysheila 0]

Parents don't need to be US citizen to file a petition for their kids ,right? So as soon as they become, LPR,they can petition for their children.And it takes a shorter time.

Needs a visa number that generally takes around 3 to 5 years to be available. Best and fastest way is to bring your parents and once they have the citizenship they request him: that visa number generally takes a year and a half.

this is a fine suggestion.

petition your parents and when they arrive in US, let them acquire US citizenship. after which, they can petition your brother..i guess thats the ONLY fastest way to bring him to the US.

[nbfsb 1]

you will have to petition your brother separate ly. my grandfather petitioned his sister and took 12yrs.

[Mononoke28 135]

I think you guys are wrong, no offense but I know 2 guys here who came on this condition.. I will ask them tomorrow and willlet you know..

Fahim

Any updates?

Diana

[sweetysheila 0]

I think you guys are wrong, no offense but I know 2 guys here who came on this condition.. I will ask them tomorrow and willlet you know..

Fahim

Any updates?

Diana

Any new updates on this?

[aaron2020 11,651]

I think you guys are wrong, no offense but I know 2 guys here who came on this condition.. I will ask them tomorrow and willlet you know..

Fahim

Any updates?

Diana

Any new updates on this?

I am going to guess that Fahim didn't get the answer that he wanted. If he was right, he would have posted by now.