NEED Help!!!

[smirkiey 0]

A friend of mine recommended this site because I have some immigration concern and she doesn't have any idea about my case. I have few questions related to my family's status. I married a US citizen few years ago so I am now a citizen after applying for naturalization and was able to petition my mom. Now my concern is my brother back in my home country. He is 26 years old and not married yet. Can my mom petition him even if she is only a greencard holder? If not what should be the right thing to do so my brother can come to the US?

By the way, i'm not sure if i am on the right forum. please excuse me if i'm not. Thanks and looking forward for your reply. Have a nice day.

[belinda63 3,038]

Your mother can file a petition for him as an UNMARRIED child over 21 with a current wait time of about 8 years. If he marries before she obtains her citizenship she will no longer be able to pursue the petition and will have to wait until she is a citizen to file for him all over again. You can petition for him as a sibling but the wait time is about 11 years. Check the visa bulletins and make your decisions wisely as any path involves a long wait. Also he can have more than one petition pending at the same time.

[JimVaPhuong 4,863]

A friend of mine recommended this site because I have some immigration concern and she doesn't have any idea about my case. I have few questions related to my family's status. I married a US citizen few years ago so I am now a citizen after applying for naturalization and was able to petition my mom. Now my concern is my brother back in my home country. He is 26 years old and not married yet. Can my mom petition him even if she is only a greencard holder? If not what should be the right thing to do so my brother can come to the US?

By the way, i'm not sure if i am on the right forum. please excuse me if i'm not. Thanks and looking forward for your reply. Have a nice day.

Yes, your mom can petition for him. The visa category is family preference F2B. Assuming he's not from an oversubscribed country, the wait time is current about 8 years before your brother's priority date would become current.

You could also file a petition for him. The visa category is family preference F4. Again, assuming he's not from an oversubscribed country, the wait time is currently about 11 years.

Here's the fine print:

He won't be eligible for an F2B if he get's married. There are no visa categories for the married son or daughter of an LPR. However, he would continue to be eligible for an F4. This might be a good reason for both you and your mom to file petitions. It's perfectly ok to have more than one petition filed for the same person.

Your mom will be eligible for US citizenship five years after she gets her green card, if she can speak English, and can pass the civics exam. If she becomes a US citizen then her petition can be upgraded to F1, which knocks about a year off the wait time.

These times are based on the current visa bulletin. Things can, and probably will change in the future.

[smirkiey 0]

thank you so much for all your replies. i'm glad my friend recommended me this site so we can save $$$ from hiring an immigration lawyer just like we did on my previous applications.

one more thing, can a sibling petition another sibling if he/she is only a greencard holder?

[JimVaPhuong 4,863]

thank you so much for all your replies. i'm glad my friend recommended me this site so we can save $$$ from hiring an immigration lawyer just like we did on my previous applications.

one more thing, can a sibling petition another sibling if he/she is only a greencard holder?

No. A green card holder (LPR) can petition for a spouse or minor unmarried children (family preference F2A), or for an adult unmarried son or daughter (family preference F2B). An LPR cannot petition for any other family member.

A US citizen can petition for a spouse (IR1), a minor child (IR2), an adopted orphan (IR3 or IR4), or a parent (IR5). These are all immediate relative visa categories, and are not subject to numerical limits, so a visa number would be available as soon as the petition is approved - no waiting for a priority date. A US citizen can also petition for a fiance(e), but that's a non-immigrant visa. The beneficiary becomes an immigrant (IR6) when they come to the US, marry the US citizen petitioner, and apply for a green card.

A US citizen can also petition for an unmarried adult son or daughter (family preference F1), a married son or daughter and their family (family preference F3), and a brother or sister (family preference F4). These family preference visas are subject to numerical limits, so the beneficiary can't get a visa until their priority date is current.

[smirkiey 0]

No. A green card holder (LPR) can petition for a spouse or minor unmarried children (family preference F2A), or for an adult unmarried son or daughter (family preference F2B). An LPR cannot petition for any other family member.

A US citizen can petition for a spouse (IR1), a minor child (IR2), an adopted orphan (IR3 or IR4), or a parent (IR5). These are all immediate relative visa categories, and are not subject to numerical limits, so a visa number would be available as soon as the petition is approved - no waiting for a priority date. A US citizen can also petition for a fiance(e), but that's a non-immigrant visa. The beneficiary becomes an immigrant (IR6) when they come to the US, marry the US citizen petitioner, and apply for a green card.

A US citizen can also petition for an unmarried adult son or daughter (family preference F1), a married son or daughter and their family (family preference F3), and a brother or sister (family preference F4). These family preference visas are subject to numerical limits, so the beneficiary can't get a visa until their priority date is current.

when you say "current" that means the 8 years and 11 years you stated above right? so at that point, there is an assurance that they get a visa or they still have to wait for more years?

[NigeriaorBust 4,087]

The time line can change based on how many people are applying and changes in the immigration law. It also changes based on where you are from. Nothing assures you a visa. You have to pass the interview. If you mom petitions for him , she must still be alive AND a US resident when the petition becomes current.

[VanessaTony 3,567]

when you say "current" that means the 8 years and 11 years you stated above right? so at that point, there is an assurance that they get a visa or they still have to wait for more years?

If your brother is from the philippines I believe the wait time is in the realm of 21 years. What country are you from? You'll get more specific answers.

As for "guarantees" of time.. no. Used to be 3 months (roughly) to get Adjustment of Status approved. These days it's around 5. When I did the K1 NOA2 wait time was 3 months, now it's more like 5. It changes all the time and CAN continue to change.. could be 8 years, could be less, could be more. I'd vote more before I'd vote less though.

Edited June 14, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

when you say "current" that means the 8 years and 11 years you stated above right? so at that point, there is an assurance that they get a visa or they still have to wait for more years?

Department of State publishes a Visa Bulletin every month. The Visa Bulletin contains the current cutoff date for each family preference and employment visa category. To see the current visa bulletin just go to travel.state.gov, click on "Visas", and then click on the "Visa Bulletin" link.

When you submit a visa petition to USCIS they will screen your petition for completeness. Once it's accepted then they'll cash your check and put your petition package in line to be adjudicated. The date that USCIS accepts your petition is called the "priority date".

When the current cutoff date published in the Visa Bulletin is AFTER your priority date, then a visa number is available, and you can finish processing and apply for a visa. Your priority date will not change. However, the cutoff date will usually change every month.

Edited June 14, 2011 by JimVaPhuong