Adding Brother to Already-Approved Petition For Parents

[asking4answer 0]

[This is originally posted in the wrong forum (Green Card Forum). I am re-posting it here]

I am a US Citizen. I originally applied for separate petitions (I-130) for both of my parents. Both of the I-130 were approved. I "canceled" my mother's petition upon her death. Now, my father's petition is already on Visa processing (I am yet to send payment for the Visa as of this writing). I have already filed my Affidavit of Support for my father (I am waiting for further instruction from Visa center).

Question is:

I have a brother who is living with my father in the Philippines. My brother is turning 21 years old in 2 years time.

What are the process I need to file for my brother's petition?

If I need to file a new petition for my brother, how will that affect my father's current petition (since I already sent the Affidavit of Support for my father only)?

Is there any way I can modify the current petition for my father to include my brother? How? How long it will take?

Or, I just wait for my father here in the US and file for another petition for my brother? Another option will be for my father to petition my brother (father petitioning for a son)?

What is my best options from the above (or you can suggest a better one)?

Thank you in advance!

Edited February 27, 2009 by asking4answer

[johndecka 0]

Question is:

I have a brother who is living with my father in the Philippines. My brother is turning 21 years old in 2 years time.

What are the process I need to file for my brother's petition? FILE I-130

If I need to file a new petition for my brother, how will that affect my father's current petition (since I already sent the Affidavit of Support for my father only)? It will not Affect any.

Is there any way I can modify the current petition for my father to include my brother? How? How long it will take?

There isnt any way. Just have to file new petition for ur brother.

Or, I just wait for my father here in the US and file for another petition for my brother? Another option will be for my father to petition my brother (father petitioning for a son)? Yes that will be better.After he became citizen.

What is my best options from the above (or you can suggest a better one)?

Thank you in advance!

[aaron2020 11,651]

Got some really bad news for you.

Filing for your brother will not affect your father at all.

You can file for your brother in the F4 preference category, US citizen petitioning for a sibling. Currently, F4 from the Philippines with priority date (date I-130 was filed) before May 15, 1986 are getting visas. This means that brothers and sisters of US citizens have been waiting 23 years for a visa. OUCH!!!

Once your father becomes a legal permanent resident (LPR or green card holder), he can file a I-130 for your brother in the F2a category which will convert to a F2b by the time a visa becomes available to your brother. For the Philippines, F2a with PD before July 1, 2004 and F2b with PD before December 1, 1997 are currently eligible for visas. So the wait is either 5 or 12 years. The 5 years is IF the Child Status Protection Act (CSPA) helps your brother retain his F2a classification. There is no way to predict CSPA as it could take USCIS anywhere from 1-5 years to approve your brother's case. The quicker your brother's application is approved, the less likely CSPA will help him.

My advice is for you to file for your brother now, then when your Father, once he is an LPR, should file a second I-130 for your brother. This is like insurance as the death of the petitioner also means the automatic withdrawal of an application. $355 is cheap insurance.

Best of luck.

[aaron2020 11,651]

P.S. You cannot add your brother to your father's application. Your father is in the Immediate Relative category which does not allow him to bring anyone else with him. This is the reason that you had to file separately for your mom and dad.

[mooninlove 1]

[This is originally posted in the wrong forum (Green Card Forum). I am re-posting it here]

I am a US Citizen. I originally applied for separate petitions (I-130) for both of my parents. Both of the I-130 were approved. I "canceled" my mother's petition upon her death. Now, my father's petition is already on Visa processing (I am yet to send payment for the Visa as of this writing). I have already filed my Affidavit of Support for my father (I am waiting for further instruction from Visa center).

Question is:

I have a brother who is living with my father in the Philippines. My brother is turning 21 years old in 2 years time.

What are the process I need to file for my brother's petition?--> You may file I-130 for him or when your dad arrives, may file I-130 for his son, your brother.

If I need to file a new petition for my brother, how will that affect my father's current petition (since I already sent the Affidavit of Support for my father only)?-->none i think.

Is there any way I can modify the current petition for my father to include my brother? How? How long it will take? --->i'm not sure if you could include your brother but your dad's visa process takes a year or less (he may be here later this year or early nxt yr depending on your circumstances) and when your dad gets to the US, he'll receive in the mail his GC. He could file for your brother which could take 5-7yrs for unmarried and longer for married son(father needs to become a USC)..

Or, I just wait for my father here in the US and file for another petition for my brother? Another option will be for my father to petition my brother (father petitioning for a son)?-->you could do that too! filing for your brother takes longer (maybe 20-25 yrs.) so i suggest that you let your dad do the filing for his I-130 when he becomes PR.

What is my best options from the above (or you can suggest a better one)?

--> best option is when your father gets here, father files for your brother's I-130 which takes 5-7 yrs in most cases for UNMARRIED son. If he's married, your dad needs to become USC and then file for your brother which is longer to process.

Thank you in advance!

I hope that helps.

Edited February 27, 2009 by mooninlove