Jump to content

5 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hi visa journey fans:

I am a U.S. citizen and I have petitioned my father to immigrate to the U.S. since 9/2012, by September this year I am expecting him to have an interview in Vietnam. My question is my father has a son whom is my blood brother under 18 years old can he come to the U.S. with him at the same time? I have not done any paper work for my brother, should I file now or wait until my father comes and sponsors him later? I do not want to leave him alone by himself in Vietnam. Do I have to file the paper work separately or can my father just bring my brother to the interview with him? Thank you for reading this and I am looking forward for any advices. Thank again.

Posted

There are no derivatives in parent's petitions. Siblings are filed separately.

Hence your brother cannot come together to US with your father at the same time.

As soon as your father gets his green card, he can file i-130 for your brother.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

You can also file for your brother but the wait is over 10 years depending on the country of origin.

Done with K1, AOS and ROC

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi visa journey fans:

I am a U.S. citizen and I have petitioned my father to immigrate to the U.S. since 9/2012, by September this year I am expecting him to have an interview in Vietnam.

My question is my father has a son whom is my blood brother under 18 years old can he come to the U.S. with him at the same time? No. When a US citizen petitions a parent, only the parent can get a visa. No one else can come with your father.

I have not done any paper work for my brother, should I file now or wait until my father comes and sponsors him later? The quickest way for your brother under age 18 is for your father to petition him once your father becomes a green card holder. Since your brother is under 18, he will be in the F2a category where it takes about 2-3 years for an immigration visa.

I do not want to leave him alone by himself in Vietnam. You have no choice but to leave him in Vietnam if you want your father to immigrate now. Otherwise, you can file a petition for your brother. It will take 12 years. When his case is ready, you can petition for your father. This is the only way they can both immigrate at the same time.

Do I have to file the paper work separately or can my father just bring my brother to the interview with him? You or/and your father can file separately for your brother. Your brother has nothing to do with your father's case. There is no need for him to go to the interview. In fact, your brother will not even be allowed into the US consulate.

Thank you for reading this and I am looking forward for any advices. Thank again.

Filed: FB-4 Visa Country: India
Timeline
Posted

The New Comprehensive Immigration Bill which has been passed in the Senate and awaiting the clearance from the House will help you. If the Bill is passed into the Law, then if you petition your parent and his derivate beneficiary(Your Brother) can immigrate together..

Good Luck..good.gif

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...