Petitioning for my mother and Brother

[doug2651 0]

Good Morning.

I have a fast question.

I am a US Citizen and have applied for a I130 for my mother. Watching the timeline I expect to get an approval later this month.

My question is will my brother also be approved when she goes to the embassy. He is a minor at 18.

I did list him as a dependent on the I130 that I filed for my Mother.

Thanks for all your help.

Lina

[payxibka 10,047]

Good Morning.

I have a fast question.

I am a US Citizen and have applied for a I130 for my mother. Watching the timeline I expect to get an approval later this month.

My question is will my brother also be approved when she goes to the embassy. He is a minor at 18.

I did list him as a dependent on the I130 that I filed for my Mother.

Thanks for all your help.

Lina

If the mother is issued a visa and your brother qualifies for derative benefit, he will also recieve a visa

[doug2651 0]

Thanks for the quick response.

I believe he does as he is 18 and they consider anyone under 21 a minor. Correct???

Lina

[payxibka 10,047]

Thanks for the quick response.

I believe he does as he is 18 and they consider anyone under 21 a minor. Correct???

Lina

but he will also require a visa application (DS-230, medical, qualified sponsor, etc..) and be interviewed... so I hope mom is not going alone to the interview

[doug2651 0]

Hi

She will not be going alone.

When do I file the ds 230 for him?

Again, THANKS for all your help an advice.

Lina

[payxibka 10,047]

Hi

She will not be going alone.

When do I file the ds 230 for him?

Again, THANKS for all your help an advice.

Lina

Problem is I do not think he qualifies. Per the I-130 instructions:

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.

A parent qualifies under paragraph 1(F)

Edited March 15, 2010 by payxibka

[doug2651 0]

Hi Guys.

Thanks for your fast help.

It looks like after the approval of her I-130 she will need to send in the form DS-230 for both her and her son ( who is under 21)

From reading the instructions, he qualifies as a dependent of my mother and was listed as a dependent on the I130 I filed for her. Can anyone think of a reason why they would deny it?

He needs to go for all the medical etc and the interview.

Thanks

[payxibka 10,047]

Hi Guys.

Thanks for your fast help.

It looks like after the approval of her I-130 she will need to send in the form DS-230 for both her and her son ( who is under 21)

From reading the instructions, he qualifies as a dependent of my mother and was listed as a dependent on the I130 I filed for her. Can anyone think of a reason why they would deny it?

He needs to go for all the medical etc and the interview.

Thanks

What instructions are your reading? I do not get that answer... Parents receive an immediate visa number and are not in a Preference category.

Derivative Status

Beneficiaries of preference petitions can give Derivative Status to their own families. Derivative status allows the beneficiary's family to get immigrant visas without their own separate petition. As an example, if a US Citizen sponsors his married son (Family 3), not only does the married son get a green card but also the son's wife and children, all from the one petition for the son.

Only preference petition beneficiaries get derivative status. Immediate Relatives are not in the preference system so they do not get derivative benefits. Because of this, the US Citizen sponsor must file a separate petition for each Immediate Relative.

Edited March 15, 2010 by payxibka

[aleful 1,905]

your brother is not a derivative.

siblings are filed in another separate petition. It doesn't matter if he is under 18. siblings are filed separatly and will take more than 10 years depending on what country are they from.

he was just mentioned in your mom's i130, that doesn't mean you filed an visa application for him.