Concern

[kelad 8]

Good day,

I have a question and hoping you guys can assist with my issue at hand. My sister filed for our parents and half-brother. Today my parents application got approved and my brother own was not. As far as we thought our brother would be automatically placed as a minor on our father petition. Today my sister called USCIS and at the 1st operator told her that they are at 2010, i told her to call back and ask for a Tier 2 operator which then told her that there is no category for our brother and that they are at 2001. so my question is what do we do?? As we are being told different stories and as far as we see they have separated the petitions and now our brother own is in oblivion. They also told her that our father would have to wait until his greencard is approved and then he should file for him. What do we do? Does anybody have any experience with this????

[LIFE'SJOURNEY 970]

Correct, your brother is not a part of your mother and father's petition.

After one of the parents have obtain their GC, they can file for your brother. It is a 3 year wait for a visa for a LPR children.

Sorry, you'll didn't do your due diligent prior to filing. It looks as if one parent wll need to stay back in Jamaica until there is a visa available for the brother.

Edited August 10, 2012 by LIFE'SJOURNEY

[Boiler 45,292]

So your Parents got approved, no wait for a visa number.

Your Step Brother does have a wait, 10 or 11 years.

How old is he?

[aaron2020 11,651]

When a USC files for a patent, only the parent qualifies for a visa. Minor children are listed on the parent's I-130 for informational purposes only. Minor children are never included in the petition for the parent.

It takes 10-12 years for a USC to petition for a sibling.

It takes 3 years for an LPR parent to petition for an unmarried child under age 21.

One parent may want to immigrate first and file for your brother while the other parent remains behind to care for your brother.

[kelad 8]

So your Parents got approved, no wait for a visa number.

Your Step Brother does have a wait, 10 or 11 years.

How old is he?

He's is 12 years old. He is our half-brother not step. He's a minor and was attached to my dad's petition. So why would he be left off, if he's a minor. His priority date is the same as my parents.

[kelad 8]

When a USC files for a patent, only the parent qualifies for a visa. Minor children are listed on the parent's I-130 for informational purposes only. Minor children are never included in the petition for the parent.

It takes 10-12 years for a USC to petition for a sibling.

It takes 3 years for an LPR parent to petition for an unmarried child under age 21.

One parent may want to immigrate first and file for your brother while the other parent remains behind to care for your brother.

We did 3 different application. Each individual was filed for separately. So what you are saying is that our brother petition has to sit and wait, while our parents own will go through and leave him? He's our half brother.

[aleful 1,905]

We did 3 different application. Each individual was filed for separately. So what you are saying is that our brother petition has to sit and wait, while our parents own will go through and leave him? He's our half brother.

yes, siblings petitions wait is around 12 years, it doesn't matter how old he is, siblings don't have the same waiting time as parents do.

so they will have to decide, will only one parent come to the US and file for spouse and child, which the wait is over 2 years?

or both parents come and leave your brother behind, file for him and wait over 2 years?

[kelad 8]

When a USC files for a patent, only the parent qualifies for a visa. Minor children are listed on the parent's I-130 for informational purposes only. Minor children are never included in the petition for the parent.

It takes 10-12 years for a USC to petition for a sibling.

It takes 3 years for an LPR parent to petition for an unmarried child under age 21.

One parent may want to immigrate first and file for your brother while the other parent remains behind to care for your brother.

We did 3 different application. Each individual was filed for separately. So what you are saying is that our brother petition has to sit and wait, while our parents own will go through and leave him? He's our half brother.

[aaron2020 11,651]

He's is 12 years old. He is our half-brother not step. He's a minor and was attached to my dad's petition. So why would he be left off, if he's a minor. His priority date is the same as my parents.

Your brother was NEVER attached to your dad's petition. He was only listed on your dad's petition for informational purposes.

You misunderstood the process for petitioning a parent. Only the parent is eligible for a visa. NO CHILDREN ARE "ATTACHED" TO THE PETITION FOR A PARENT.

In a situation like this, the father usually immigrates first. After he gets his green card, he petitions for his wife and minor children. It takes three years. This is how everyone else in this situation handles it.

[aaron2020 11,651]

We did 3 different application. Each individual was filed for separately. So what you are saying is that our brother petition has to sit and wait, while our parents own will go through and leave him? He's our half brother.

No one is forced to immigrate and leave a child behind.

If both parents want to immigrate together, then that is the choice they make to leave their minor children behind.

Alternatively, most people will choose for one parent to immigrate first. Once that parent becomes an LPR, that parent petitions for the spouse and minor children. It takes three years.

[ceadsearc 516]

No, your parents (or one of them) can stay. No one is forcing them to immigrate. Parents of USCs are an immediate relative category. There are NO derivative petitions, ever. Doesn't matter how old he is because no one is being forced to do anything.

Quickest way is one parent immigrates and files for the other parent and the child. He should get there in about 3 more years that way. You'll lose some money but at least you won't be waiting 10 years.

[Boiler 45,292]

I would not have thought it was normal for one parent to immigrate, surely the norm would be to wait until he is old enough to look after himself.

[aaron2020 11,651]

I would not have thought it was normal for one parent to immigrate, surely the norm would be to wait until he is old enough to look after himself.

In my family, immigration is primarily focus on bringing the children over to the US when they are young. Being young allows them to learn English and take advantage of our free educational system. For the older generation (40s & 50s by the time they get here), it's too late to get an eduction since they have to focus on feeding the family.

My brother immigrated to the US two years ago. My father filed for him as a married son. Two of his children aged out. One child immigrated with my brother and his wife.

My brother, his wife, and their daughter all work at nail salons (yeah - the #1 job for new Vietnamese immigrants). The daughter is also attending community college. They send money to Vietnam so the two aged out children can attend college. Their goals is for all the kids to have better lives than the parents. My brother and his wife knows that they can not gain the language or cultural proficiencies to have white collar jobs in the US. Their dreams is for their children.

Whatever it takes to bring a child over faster is the goal. If one parent has to come first, then it is not a problem. In most Asian countries, it is normal for a parent to go away to work for long periods of time. Separation for us while sad is just a normal fact of life. Whatever it takes to bring the child over faster is the goal.

[Boiler 45,292]

That is focussed on one area.

It does interestingly question the whole basis of family immigration, but that is another subject.

[kelad 8]

Thanks for all the responses. My brother is my fathers child and not my mothers. My sister received a letter from USCIS stating that all 3 cases was approved for expedite. What is the process now as our brother case is still not reflecting approved. Guess we will call USCIS to figure it out. Any advise will be welcomed. Thanks