I130 for parents and my brother riding along

[javadood 0]

Hi,

can an US citizen apply for his parents (I130) and his younger brother (16 yrs old) "ride" on parents application?

He is under 18 so he can't live alone.

Can he be parents beneficiary?

thanks!

jd

[JimVaPhuong 4,863]

Hi,

can an US citizen apply for his parents (I130) and his younger brother (16 yrs old) "ride" on parents application?

He is under 18 so he can't live alone.

Can he be parents beneficiary?

thanks!

jd

A US citizen can apply for his parents for an immediate relative (IR) visa. Brother's and sisters of the US citizen are not derivatives of the parent's visa. The US citizen will have to apply for a family fourth preference (F-4) visa for them. Assuming they aren't from Mexico or the Philippines, you're currently looking at about 11 years to bring the brother.

Even if the parents become US citizens in the minimum five year time, the son will be 21 years old by then, so the parents won't be able to sponsor him as an immediate relative. They could sponsor him for a family first preference visa once they become citizens, but that's still about 7 years. It would be faster for the US citizen to sponsor him now for an F-4 visa.

[javadood 0]

Hi,

can an US citizen apply for his parents (I130) and his younger brother (16 yrs old) "ride" on parents application?

He is under 18 so he can't live alone.

Can he be parents beneficiary?

thanks!

jd

A US citizen can apply for his parents for an immediate relative (IR) visa. Brother's and sisters of the US citizen are not derivatives of the parent's visa. The US citizen will have to apply for a family fourth preference (F-4) visa for them. Assuming they aren't from Mexico or the Philippines, you're currently looking at about 11 years to bring the brother.

Even if the parents become US citizens in the minimum five year time, the son will be 21 years old by then, so the parents won't be able to sponsor him as an immediate relative. They could sponsor him for a family first preference visa once they become citizens, but that's still about 7 years. It would be faster for the US citizen to sponsor him now for an F-4 visa.

can parents as LPR sponsor him?

vermot processing center says:

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 18, 2006

anyone done this before?

[aaron2020 11,651]

Hi,

can an US citizen apply for his parents (I130) and his younger brother (16 yrs old) "ride" on parents application?

He is under 18 so he can't live alone.

Can he be parents beneficiary?

thanks!

jd

A US citizen can apply for his parents for an immediate relative (IR) visa. Brother's and sisters of the US citizen are not derivatives of the parent's visa. The US citizen will have to apply for a family fourth preference (F-4) visa for them. Assuming they aren't from Mexico or the Philippines, you're currently looking at about 11 years to bring the brother.

Even if the parents become US citizens in the minimum five year time, the son will be 21 years old by then, so the parents won't be able to sponsor him as an immediate relative. They could sponsor him for a family first preference visa once they become citizens, but that's still about 7 years. It would be faster for the US citizen to sponsor him now for an F-4 visa.

can parents as LPR sponsor him?

vermot processing center says:

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 18, 2006

anyone done this before?

Once the parents become LPRs, they can file for him. LPRs petitioning for unmarried children under 21 (F2a family preference category) who filed before Dec. 22, 2004 are just now eligible for visas (before June 22, 2002 for Mexicans). LPRs petitioning for unmarried children over 21 (F2b family preference category) who filed before April 15, 2001 are just now eligible for visas (before May 1, 1992 for Mexicans and before April 1, 1998 for Filipinos). Age is determined at that time a visa becomes available. So the 16 years old will be 17 by the time dad or mom files for him. Depending on how long it takes USCIS to approve the petition - he can be in either the F2a or F2b category - there is no way to determine that at this point.

I suggest that the USC file for one parent now who comes over and file for the 16 years old. This leaves one parent back home to care for the child. Meanwhile the USC files for the 16 years old also. A beneficiary can have two petitions going on at the same time. Whichever becomes current first is the one you go with. The other parent can be petitioned after the child becomes an adult and can care for himself.

2 steps to getting a visa for the brother. Approval at the USCIS and then waiting for an available visa at the National Visa Center. The Vermont processing to approve the petition is only relevant to determine CSPA application. I know this is a lot of information but this process can get complicated. The availability of a visa is what is important. See the visa bulletin. Those with petitions filed before the dates indicated in those cateogries are just now eligible for visas.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

What country are the parents and sibling from?

Edited July 1, 2009 by aaron2020