Petitioning for Mother and Step-brother

[100kv 0]

Hi. I wish to have both my mother and 14-year old maternal step-brother from the Philippines live here in the US. I have many concerns about the petition processes, and I hope this forum would help me.

I know I could petition both of them by filing 2 separate I-130 forms, but filing an I-130 form for my brother will take up to a decade. We have been separated for 7 years now, and we do not plan on prolonging that. Thus, I have thought of a rather complex alternative, and I hope you would bare with me in explaining it.

My plan is to petition my mother with the I-130 form, which I believe should only take less than a year to process, and on the other hand, my brother would apply for a Student Visa to attend college here. I am not too familiar with the Student Visa process, but I think by doing this, both my mother and brother would be able to live here. If there are potential issues doing this, please let me know.

I am aware that my brother would have to return back to the Philippines after receiving his degree. So after my mother receives permanent residence status, which I am quite sure is gained immediately after getting her I-130 form validated (please correct me if I am mistaken), she would petition for my brother with another I-130 form. I read in this forum somewhere that this process takes around 3-4 years. By this time, my brother's Student Visa status would be replaced by permanent residence status due to my mother's petition, finally both of them are legal permanent US residents.

Please let me know if I would face critical problems in doing this. I am turning 21 years old in 2012, and I'm trying to have everything cleared up by then. Thank you for taking the time understanding my situation.

Edited September 28, 2011 by 100kv

[extremerecluse 32]

Hi. I wish to have both my mother and 14-year old maternal step-brother from the Philippines live here in the US. I have many concerns about the petition processes, and I hope this forum would help me.

I know I could petition both of them by filing 2 separate I-130 forms, but filing an I-130 form for my brother will take up to a decade. We have been separated for 7 years now, and we do not plan on prolonging that. Thus, I have thought of a rather complex alternative, and I hope you would bare with me in explaining it.

My plan is to petition my mother with the I-130 form, which I believe should only take less than a year to process, and on the other hand, my brother would apply for a Student Visa to attend college here. I am not too familiar with the Student Visa process, but I think by doing this, both my mother and brother would be able to live here. If there are potential issues doing this, please let me know.

I am aware that my brother would have to return back to the Philippines after receiving his degree. So after my mother receives permanent residence status, which I am quite sure is gained immediately after getting her I-130 form validated (please correct me if I am mistaken), she would petition for my brother with another I-130 form. I read in this forum somewhere that this process takes around 3-4 years. By this time, my brother's Student Visa status would be replaced by permanent residence status due to my mother's petition, finally both of them are legal permanent US residents.

Please let me know if I would face critical problems in doing this. I am turning 21 years old in 2012, and I'm trying to have everything cleared up by then. Thank you for taking the time understanding my situation.

If your mother were to become a citizen then she could petition your brother and I think the timeline would quicken dramatically.

[JimVaPhuong 4,863]

What you're suggesting is possible. The student visa might be the only hangup. There are serious restrictions on kids his age coming to the US to attend school. Read here:

http://travel.state.gov/visa/temp/types/types_1269.html

If he's going to attend a public high school then he'll need to pay the FULL COST of the education (the school will be able to tell him how much it will cost), and he'll be limited to 12 months of school only. On the other hand, if he's going to attend a private high school then the 12 months limit doesn't apply, but he'll still have to pay the full tuition. A single year of education in a public high school can easily exceed $10K, and a private high school can exceed $20K. He will not be eligible to use ANY public funds to help finance his education. Are your prepared to fund this?

Do you have an alternate plan if he's denied a student visa?

[JimVaPhuong 4,863]

If your mother were to become a citizen then she could petition your brother and I think the timeline would quicken dramatically.

His mom won't be eligible to apply for citizenship until she's been an LPR for five years. On the other hand, she can file an F2A petition for her son as soon as she gets her green card, and his priority date should be current within two or three years.

[Boiler 46,034]

I am turning 21 years old in 2012

That is one issue.

Presumably you are a US Citizen?

[100kv 0]

What you're suggesting is possible. The student visa might be the only hangup. There are serious restrictions on kids his age coming to the US to attend school. Read here:

http://travel.state.gov/visa/temp/types/types_1269.html

If he's going to attend a public high school then he'll need to pay the FULL COST of the education (the school will be able to tell him how much it will cost), and he'll be limited to 12 months of school only. On the other hand, if he's going to attend a private high school then the 12 months limit doesn't apply, but he'll still have to pay the full tuition. A single year of education in a public high school can easily exceed $10K, and a private high school can exceed $20K. He will not be eligible to use ANY public funds to help finance his education. Are your prepared to fund this?

Do you have an alternate plan if he's denied a student visa?

He will finish high school in the Philippines. The student visa is for college.

His mom won't be eligible to apply for citizenship until she's been an LPR for five years. On the other hand, she can file an F2A petition for her son as soon as she gets her green card, and his priority date should be current within two or three years.

So my thoughts about my mother petitioning my brother for an LPR status in 3 years is correct?

I am turning 21 years old in 2012

That is one issue.

Presumably you are a US Citizen?

Yes I am a blue card holder. What's the issue about my age?

[Boiler 46,034]

You have to be 21 to petition.

What is a blue card?

[JimVaPhuong 4,863]

He will finish high school in the Philippines. The student visa is for college.

Ok. He'll need to pay full international student tuition. Again, no public funds can be used.

So my thoughts about my mother petitioning my brother for an LPR status in 3 years is correct?

Yes. Depending on the timing, you may not even need to get a student visa for your brother. You can petition for your mother as soon as you're 21. She should get her visa and be in the US less than a year later. If she petitions for your brother as soon as she arrives in the US then your brother should be able to apply for a visa less than 3 years later.

Note that the 3 years is based on the current visa bulletin. By the time your mother sends the petition and your brother's priority date is current the wait time could have changed. How fast the line moves depends on how fast the visa numbers are being used up. Your brother doesn't get in line for a visa number until your mother sends the petition for him.

Anyway, it's possible that his priority date could become current not long after he graduates from high school. If that's the case, there's not much point in going for the student visa.

[100kv 0]

Ok. He'll need to pay full international student tuition. Again, no public funds can be used.

Yes. Depending on the timing, you may not even need to get a student visa for your brother. You can petition for your mother as soon as you're 21. She should get her visa and be in the US less than a year later. If she petitions for your brother as soon as she arrives in the US then your brother should be able to apply for a visa less than 3 years later.

Note that the 3 years is based on the current visa bulletin. By the time your mother sends the petition and your brother's priority date is current the wait time could have changed. How fast the line moves depends on how fast the visa numbers are being used up. Your brother doesn't get in line for a visa number until your mother sends the petition for him.

Anyway, it's possible that his priority date could become current not long after he graduates from high school. If that's the case, there's not much point in going for the student visa.

I understand now. I'll make sure to check for the wait time next year.

Thanks a lot. I am really grateful.

[damulag 26]

What is a blue card?

[Boiler 46,034]

All assumes you are a USC.

[100kv 0]

Sorry I meant yes, I'm a US Citizen. Ignore the blue card remark.