Petitioning for brother who just turned 21

[Esme2015 2]

Hello,

I am in the process of my N-400 to obtain my citizenship, once that is done i want to petition for my parents. I was hoping to petition my sister (16) and brother (21) along with them but now I'm not sure i can petition my brother. Would he still fall under my parents if he lives at home, not married, still going to school? or would i have to petition for him separately and wait around 13 years?

Thank you so much for your help!

[kzielu 1,149]

You will have to petition him separately. Or your parents can, when they immigrate.

[aleful 1,905]

hi

there are no derivatives in parents petitions, so she cannot come with them. since your other brother is 21, your sister can live with him because both of them will stay behind

you can file for each of them, but it will take over 12 years for both

it is best that when your parents come, to file for them, for your sister it is around 2 years, since she is under 21

for your older brother, around 7 years and he must remain unmarried as long as your parents are only LPR

another option that some take when there are minor children involved, you have the option of petitioning one parent, for example your dad

when he comes, he files for your mom and your sister and there she can come with your mom as her derivative

Edited December 19, 2015 by aleful

[netkit 0]

Hello,

I am in the process of my N-400 to obtain my citizenship, once that is done i want to petition for my parents. I was hoping to petition my sister (16) and brother (21) along with them but now I'm not sure i can petition my brother. Would he still fall under my parents if he lives at home, not married, still going to school? or would i have to petition for him separately and wait around 13 years?

Thank you so much for your help!

For brother F4 category.

best way is that

first you apply for your mother father as there is no numerical limit as they are immediate relative category. It will take few months for them to get LPR.

Then your mother/father apply for your sister under category F2A (unmarried sons and daughter under 21 years) hope fully she will get it before turning 21.

Also your parents can apply for your brother being remain on LPR under category F2B. (un married sons and daughter above 21)

it will take 7 to 8 years for your brother. before this your parents will be naturalized. they can upgrade Application F2B to F1 but it does not matters. your brother needs at least 7 years to get IV.

[Mohsin.M 7]

For brother F4 category.

best way is that

first you apply for your mother father as there is no numerical limit as they are immediate relative category. It will take few months for them to get LPR.

Then your mother/father apply for your sister under category F2A (unmarried sons and daughter under 21 years) hope fully she will get it before turning 21.

Also your parents can apply for your brother being remain on LPR under category F2B. (un married sons and daughter above 21)

it will take 7 to 8 years for your brother. before this your parents will be naturalized. they can upgrade Application F2B to F1 but it does not matters. your brother needs at least 7 years to get IV.

And during this waiting period for F2B for your brother, make sure he does not get married untill his petition matures and he is in USA. If he does, his F2B petition will become void. This advise is out of personal experience.

I would suggest you filing a petition under F4 category for your brother.

[netkit 0]

And during this waiting period for F2B for your brother, make sure he does not get married untill his petition matures and he is in USA. If he does, his F2B petition will become void. This advise is out of personal experience.

I would suggest you filing a petition under F4 category for your brother.

You can separately petition your brother for F 4 category right after your oath. He should not marry till naturalization of your parents. After that he can marry as your parents can move petition from F2B to F3 category without loosing F2B category PD. If he marry before F2B matures or Naturalization of one of your parents then he has to wait for his F4 petition to be matured.

[Esme2015 2]

Thank you so much for all this info everyone! I thought it would be almost automatically for my sister since she is still a minor. I was wondering if it was best for me to file for my brother at the same time than my parents or ask my parents to file for him since it might be shorter. I think i might end up making an info pass to see what would be the better path and will be doing more research.

If there is any other way please let me know

[Esme2015 2]

You can separately petition your brother for F 4 category right after your oath. He should not marry till naturalization of your parents. After that he can marry as your parents can move petition from F2B to F3 category without loosing F2B category PD. If he marry before F2B matures or Naturalization of one of your parents then he has to wait for his F4 petition to be matured.

Netkit,

actually there is another detail that may make this a little different, and maybe you can help me out. My aunt filed I-130 for my mom in 2004. At that time we were all minors. I checked the bulletin and they are now at March 2003, which is a little less than a year. Should i not apply for my parents and let my aunt finish her petition and that way my sister could be included? Would my brother be included at that time?

Sorry for so many questions

[netkit 0]

Netkit,

actually there is another detail that may make this a little different, and maybe you can help me out. My aunt filed I-130 for my mom in 2004. At that time we were all minors. I checked the bulletin and they are now at March 2003, which is a little less than a year. Should i not apply for my parents and let my aunt finish her petition and that way my sister could be included? Would my brother be included at that time?

Sorry for so many questions

This will not make little difference No you are wrong. This can make a huge and big big big difference.One of the most important thing is that when your aunt petition approved. see one is PD and other is approval date. just check out how much difference of time between these two. and subtract this from the age of your brother. If this is less then 21 years at the time of maturing the petition filed by your aunt F4. Then your brother can immigrate with your parents as derivative. You can search for CSPA as this will apply to your brother in case if he over age at the time of submitting documents. The most important thing is the approval date. There are number of cases in which derivatives gets upto 5 years of relaxation in age.

[aaron2020 11,651]

Netkit,

actually there is another detail that may make this a little different, and maybe you can help me out. My aunt filed I-130 for my mom in 2004. At that time we were all minors. I checked the bulletin and they are now at March 2003, which is a little less than a year. Should i not apply for my parents and let my aunt finish her petition and that way my sister could be included? Would my brother be included at that time?

Sorry for so many questions

This is a huge difference. Your brother, sister, and dad are included in the petition by your aunt for your mom.

[Esme2015 2]

This will not make little difference No you are wrong. This can make a huge and big big big difference.One of the most important thing is that when your aunt petition approved. see one is PD and other is approval date. just check out how much difference of time between these two. and subtract this from the age of your brother. If this is less then 21 years at the time of maturing the petition filed by your aunt F4. Then your brother can immigrate with your parents as derivative. You can search for CSPA as this will apply to your brother in case if he over age at the time of submitting documents. The most important thing is the approval date. There are number of cases in which derivatives gets upto 5 years of relaxation in age.

This is a huge difference. Your brother, sister, and dad are included in the petition by your aunt for your mom.

Thank you so much for this valuable info. I did some digging and found that the Receipt notice is dated January 28, 2004 and that the Approval notice was dated August 18, 2009. that's a little over 5 years. My brother is 21 right now. Does he have an extra 5 years- 26 yrs old- to still be included under my mom's petition?

I will also do more research for CSPA.

[netkit 0]

Thank you so much for this valuable info. I did some digging and found that the Receipt notice is dated January 28, 2004 and that the Approval notice was dated August 18, 2009. that's a little over 5 years. My brother is 21 right now. Does he have an extra 5 years- 26 yrs old- to still be included under my mom's petition?

I will also do more research for CSPA.

Yes your brother will qualify for nearly five years relaxation under CSPA. Good luck for your family and keep an eye on petition filed by your Aunt F4 category and Visa bulletin specially documents filling cutoff date for F4 category. If Take care as only those children will accompany your mom who are un married. Also your father as spouse will immigrate. Update the address with NVC if changed. Update any new addition of children after filling petition.It is time to start gathering documents and home work.