Bringing brother to USA from China

[Godzilla2011 0]

My wife who will be a US Citizen in a couple of month from now want to know if she can apply her brother along with her parents from China. Her brother is currently in school and wonder if that is possible. Is there some rule that allow him to come with her parents at the same time? He is more than 21 years old and still single but still in school in China. Any guidance will be greatly appreciated.

[kzielu 1,154]

Of course she can. It will take 13 years.

[Phillip Kazuto 28]

She can choose 2 routes :

1. Petition her Parents and they will be in IR-5 category and it will take more or less a year to get them to the State , then her Parents will get green cards so they can petition the child by theirselves ( doesn't matter either her dad or her mum can petition ) , however , the child will be in F2B category ( He is over 21 ) which seem take long time , more or less 8 years and make sure he will not be married during the process.

Or

2. Petition her Parents and also petition her brother , Her parents will still in IR-5 category but her brother will be in F4 category which will take even longer i'd say prolly 13 years. * Note : In this case he can be married.

He cannot follow to join , means that he can't go along with the parents , hence , you will and should considering applying for student visa for him.

他不能直接跟他的父母亲去美国。

[Ming 1]

  On 9/26/2014 at 12:33 AM, Godzilla2011 said:

My wife who will be a US Citizen in a couple of month from now want to know if she can apply her brother along with her parents from China. Her brother is currently in school and wonder if that is possible. Is there some rule that allow him to come with her parents at the same time? He is more than 21 years old and still single but still in school in China. Any guidance will be greatly appreciated.

Yes, your wife can apply for her brother to come to the US, but will be a long time for him to come over. Another option is one of her parent can become a US citizenship (wait for 3 years) and then the parent with the citizenship can apply for his/her son.

[Ming 1]

  On 9/26/2014 at 2:20 AM, Phillip Wu said:

She can choose 2 routes :

1. Petition her Parents and they will be in IR-5 category and it will take more or less a year to get them to the State , then her Parents will get green cards so they can petition the child by theirselves ( doesn't matter either her dad or her mum can petition ) , however , the child will be in F2B category ( He is over 21 ) which seem take long time , more or less 8 years and make sure he will not be married during the process.

Or

2. Petition her Parents and also petition her brother , Her parents will still in IR-5 category but her brother will be in F4 category which will take even longer i'd say prolly 13 years. * Note : In this case he can be married.

He cannot follow to join , means that he can't go along with the parents , hence , you will and should considering applying for student visa for him.

他不能直接跟他的父母亲去美国。

I don't think parents with green cards can bring their son to the US. I think their have to be a US citizens.

[Phillip Kazuto 28]

  On 9/26/2014 at 12:10 PM, Ming said:

I don't think parents with green cards can bring their son to the US. I think their have to be a US citizens.

They can as long as their son is not married

[milimelo 4,585]

  On 9/26/2014 at 12:05 PM, Ming said:

Yes, your wife can apply for her brother to come to the US, but will be a long time for him to come over. Another option is one of her parent can become a US citizenship (wait for 3 years) and then the parent with the citizenship can apply for his/her son.

Parents don't qualify for citizenship after 3 years - normal rules apply - 5 years after being LPR.

[Ian H. 207]

OP: Best choice is for you to petition mom and dad only. Then as soon as they enter the US, one of them can petition your brother.

The wait for an LPR parent to petition an adult child is about 7 to 8 years compared to 12 to 13 years if you petition him.

In order to remain eligible under your parent's petition he must remain unmarried unless the parent who petitioned is already a USC when he marries.