Bringing Mom and Dad including a child under 21

[fahim 0]

hey,

actually my elder brother is soon going to get his US Citizenship, what I want to know is when he files I-130 for Dad and Mom is it possible that he should file for one of our brother who is right now 16 years old?.. I have heard that child under 21 will travel with his mother?.. So will he be included in I-130 of our mom or what?.. a detailed answer will be highly appreciated..

Thank You.

Fahim

[Mononoke28 135]

Unfortunately, no. He will have to file an I-130 for each of them separately, including his 16 years-old brother. The process for your parents will be rather quick, while the process for your brother can take up to 10 years or more.

Another option would be to have one of your parents become a US citizen and then he/she can apply for your brother. That should be less than 10 years for sure.

Diana

[fahim 0]

Unfortunately, no. He will have to file an I-130 for each of them separately, including his 16 years-old brother. The process for your parents will be rather quick, while the process for your brother can take up to 10 years or more.

Another option would be to have one of your parents become a US citizen and then he/she can apply for your brother. That should be less than 10 years for sure.

Diana

Thanks for the reply, but I have heard that a child under 21 can come with his/her mother :/.. that's strange..

[angel_eyes1976 0]

Unfortunately, no. He will have to file an I-130 for each of them separately, including his 16 years-old brother. The process for your parents will be rather quick, while the process for your brother can take up to 10 years or more.

Another option would be to have one of your parents become a US citizen and then he/she can apply for your brother. That should be less than 10 years for sure.

Diana

Thanks for the reply, but I have heard that a child under 21 can come with his/her mother :/.. that's strange..

i think if it is a husband petitioning for the wife then certainly any child under 21 years of age will be included with that petition... but if it is a son petitioning for the parents with a child under 21 yrs old then a separate I-130 has to be filed for each of them... parents of US citizens are immediate relatives and will have an immigrant visa immediately available for them while brother/sister of US citizens gets fourth preference and thus a longer visa wait

[fahim 0]

I-130 Important Notes

Who May File Form I-130?

1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older.

NOTE:
1. There is no visa category for married children of permanent residents. If an unmarried son or daughter of a permanent resident marries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.

2. If your relative qualifies under paragraph 1 ( C ), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

3. If your relative qualifies under paragraph 2( B ) or 2 ( C ) above, separate petitions are not required for his or her unmarried children under 21 years of age.

4. The persons described in number 2 and 3 of the above NOTE will be able to apply for an immigrant visa along with your relative

Please explain me this part about a child under 21, I can't understand this, it's confusing to me. If anyone of you please be kind to explain about a child who is under 21 and his mother will be sponsored by one of his son who is a U.S Citizen, will the child under 21 travel with mother?

For more about I-130 Instructions please visit: INSTRUCTIONS

Thanks
Fahim Edited September 24, 2008 by fahim

[angel_eyes1976 0]

I-130 Important Notes

Who May File Form I-130?

1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older;

D. Your married son or daughter of any age;

E. Your brother(s) or sister(s) (you must be age 21 or older);

F. Your mother or father (you must be age 21 or older).

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

NOTE:

1. There is no visa category for married children of permanent residents. If an unmarried son or daughter of a permanent resident marries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.

2. If your relative qualifies under paragraph 1 ( C ), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

3. If your relative qualifies under paragraph 2( B ) or 2 ( C ) above, separate petitions are not required for his or her unmarried children under 21 years of age.

4. The persons described in number 2 and 3 of the above NOTE will be able to apply for an immigrant visa along with your relative

Please explain me this part about a child under 21, I can't understand this, it's confusing to me. If anyone of you please be kind to explain about a child who is under 21 and his mother will be sponsored by one of his son who is a U.S Citizen, will the child under 21 travel with mother?

For more about I-130 Instructions please visit: INSTRUCTIONS

Thanks

Fahim

fahim, take note that the petitioner here is a US citizen/LPR spouse petitioning for the husband/wife... any children that they have together will be included in the I-130 petition...does not need separate I-130 to be filed... if the child was under 21 yrs old then that child can travel right away with the parent... it is different if the petitioner is the US citizen son petitioning the parents and the brother under 21 years old

[angel_eyes1976 0]

if the brother you are petitioning has a wife and children under 21 yrs old then they are included in the !-130 petition that you filed for your brother... and will travel with him right away once a visa is available for your brother... that's what the 1e means ...

[fahim 0]

No my brother is under 21 and unmarried, so I hope when my mother recieves interview call or get visa stampped I hope my brother will get stampped too.. if I am not wrong...

[Mononoke28 135]

He will not get a visa along with his parents. The reason is because he is the brother of the petitioner, not his child. Since he's the brother, he is not considered an immediate family member and will not get his visa approved along with his parents.

The key relationship here is that even though he's still a child, he's not your brother's child. He's the brother and even if he were a two year-old, he wouls still not be granted a visa along with his parents.

Diana

[Sweetoosohni 0]

Taking the discussion further, my wife will soon be applying for her mother's immigrant visa. She has two siblings, both under 21 and unmarried. I think I had posted the same question last year here @ VJ forums and got the same answers. I decided to call USCIS and get an answer from them. Here's what the lady told me:

Petitioner will apply for mother & file separate I-130 petitions for each sibling. The mother will have her visa processed quickly. When the local embassy approves her visa, the siblings will also be approved as a priority at the same time.

That's what USCIS representative told me! and off course, I've heard the same thing about unmarried/under 21 year old children accompanying the parents. When we immigrated to US, my uncle had filed I-130 for my mother & separate petitions for my father & 3 children. Everybody was approved at the same time. But, that might have been a different situation.

May be someone else can verify?

[angel_eyes1976 0]

Taking the discussion further, my wife will soon be applying for her mother's immigrant visa. She has two siblings, both under 21 and unmarried. I think I had posted the same question last year here @ VJ forums and got the same answers. I decided to call USCIS and get an answer from them. Here's what the lady told me:

Petitioner will apply for mother & file separate I-130 petitions for each sibling. The mother will have her visa processed quickly. When the local embassy approves her visa, the siblings will also be approved as a priority at the same time.

That's what USCIS representative told me! and off course, I've heard the same thing about unmarried/under 21 year old children accompanying the parents. When we immigrated to US, my uncle had filed I-130 for my mother & separate petitions for my father & 3 children. Everybody was approved at the same time. But, that might have been a different situation.

May be someone else can verify?

your wife's mother maybe approved at the same time as your wife's siblings but that doesn't mean that a visa number will be available right away for the siblings... the siblings will have to wait for a number as they are fourth preference whereas the mother of a USC has a visa number available right away...

when your uncle petitioned your mom and father, any children your father has will be automatically be included with your father's petition considering the children are under 21 yrs old

[Mononoke28 135]

Taking the discussion further, my wife will soon be applying for her mother's immigrant visa. She has two siblings, both under 21 and unmarried. I think I had posted the same question last year here @ VJ forums and got the same answers. I decided to call USCIS and get an answer from them. Here's what the lady told me:

Petitioner will apply for mother & file separate I-130 petitions for each sibling. The mother will have her visa processed quickly. When the local embassy approves her visa, the siblings will also be approved as a priority at the same time.

That's what USCIS representative told me! and off course, I've heard the same thing about unmarried/under 21 year old children accompanying the parents. When we immigrated to US, my uncle had filed I-130 for my mother & separate petitions for my father & 3 children. Everybody was approved at the same time. But, that might have been a different situation.

May be someone else can verify?

your wife's mother maybe approved at the same time as your wife's siblings but that doesn't mean that a visa number will be available right away for the siblings... the siblings will have to wait for a number as they are fourth preference whereas the mother of a USC has a visa number available right away...

when your uncle petitioned your mom and father, any children your father has will be automatically be included with your father's petition considering the children are under 21 yrs old

Exactly. When your uncle petitioned for his sister (your mother) you all had to wait for visa #s to be available at the same time. The reason why you were all approved at the same time is because you were not direct relatives of your uncle. If you had been his brother for example, he would've had to file a separate I-130 for you. Does that make sense?

The OP's case is different because the child in question is an actual brother of the petitioner, not a nephew which can be included in one of the I-130 filed for the parents.

Brother (petitioner) --> I-130 parents

Brother(petitioner) --> I-130 brother under 21

Brother (petitioner) --> I-130 sister (which includes husband and children, children are not direct relatives of uncle)

Diana

Edited September 26, 2008 by Mononoke28

[sheraz 0]

People often go by on hearsay and pay lawyers big sums while the information is out there on the USCIS website

It is simple, sibiling are F4 10-15 yrs

Parents are immediate relatives 1 yr

Unmarried children F1 7-8 yrs

Married children F3 6-7 yrs

Spouse F2 7+ yrs

Does not matter when the petition is approved for family immigration. What matters is visa numbers

What matters for immediate relatives is petition date

For immediate relatives - Unlimited visa numbers

For family immigration F category, around 55000 visas for all categories.

Consider the fact. In US, once child turns 18, they go to college (typically) to different states

Often times at 21 they graduate from college and move to different parts of the country. So the USCIS doesnt care who will take care of a 20 yr old child.

[sweetysheila 0]

Hey Fahim,

Yourb brother and I have the same situation... Im a green card holder but as soon as I get my US citizenship, I'm planning to petition my parents with my younger sister who is just 12 years old.

I talked to a lawyer and he said that once I applied for an I-130 for my parents I dont need to have another one for my sister since there's a question in the form that " is there someone accompanying you?" and he told me to write my sisters name. SO, once my parents get their visa, my sister would be with them.

BTW, When is your brother planning to petiiton your parents. Maybe when he's done with the proces, you can update me so that I know what to do when it's my time to petition my parents.

Just keep me posted on other details you may know about this matter.

Thanks.

hey,

actually my elder brother is soon going to get his US Citizenship, what I want to know is when he files I-130 for Dad and Mom is it possible that he should file for one of our brother who is right now 16 years old?.. I have heard that child under 21 will travel with his mother?.. So will he be included in I-130 of our mom or what?.. a detailed answer will be highly appreciated..

Thank You.

Fahim

[aaron2020 11,651]

Hey Fahim,

Yourb brother and I have the same situation... Im a green card holder but as soon as I get my US citizenship, I'm planning to petition my parents with my younger sister who is just 12 years old.

I talked to a lawyer and he said that once I applied for an I-130 for my parents I dont need to have another one for my sister since there's a question in the form that " is there someone accompanying you?" and he told me to write my sisters name. SO, once my parents get their visa, my sister would be with them.

BTW, When is your brother planning to petiiton your parents. Maybe when he's done with the proces, you can update me so that I know what to do when it's my time to petition my parents.

Just keep me posted on other details you may know about this matter.

Thanks.

hey,

actually my elder brother is soon going to get his US Citizenship, what I want to know is when he files I-130 for Dad and Mom is it possible that he should file for one of our brother who is right now 16 years old?.. I have heard that child under 21 will travel with his mother?.. So will he be included in I-130 of our mom or what?.. a detailed answer will be highly appreciated..

Thank You.

Fahim

OMG!!! You are going to be disappointed. Is this "lawyer" willing to put what he said in writing? Is he an immigration attorney? Reliance on bad advice from an attorney will not allow your sister to immigrate with your parents.

What does is "anyone accompanying you" mean? Does that mean you can list anyone; your neighbor? Or could it mean that another person who is also an Immediate Relative of the sponsoring US citizen?

What it means is that your mother will be accompanying your father. This is done so that they will both get visa at the same time and processed together. Each has to qualify on their own, but they are processed together for efficiency administration.