Bringing Parents and sibblings

[Godwen 0]

So i was wondering what the wait time is to bring my family to the US. I understand that my parents are considered immediate family members and their visas and process is usually fast but to be sincere, I am more interested in my siblings. My parents will come at some points but my main worry is how to bring in my siblings. 5 Siblings total, One is 32, and married with kids. The others are single and are 19, 17, 5 and 3 years old.

 

I want to believe I would not be able to bring in my very young siblings, they can wait, but I'd really like to know how long it takes to get my other 3 siblings here if possible.

 

Their country of resident is Nigeria if that makes any difference with processing times

[EM_Vandaveer 2,408]

Are you a USC? Only USCs can petition for their parents and siblings.

Assuming you are a USC, you should file separate I-130s for each of your siblings (except maybe for the youngest, you can wait 2-3 years and then file for the youngest).

The wait for priority date to become current is 13+ years for siblings, so the earlier you file, the earlier that clock starts clicking.

Your married sibling will be able to bring their spouse and under-21 children at the time their PD becomes current (13+ years after you file for them).

[Godwen 0]

2 minutes ago, EM_Vandaveer said:

Are you a USC? Only USCs can petition for their parents and siblings.

Assuming you are a USC, you should file separate I-130s for each of your siblings (except maybe for the youngest, you can wait 2-3 years and then file for the youngest).

The wait for priority date to become current is 13+ years for siblings, so the earlier you file, the earlier that clock starts clicking.

Your married sibling will be able to bring their spouse and under-21 children at the time their PD becomes current (13+ years after you file for them).

 

 

Thanks for your response. Yes, I am a USC. It would take 13 years?? Like If i sent the petition in tomorrow, nothing happens until 2030? If that's the case all I can say is wow!!! This system needs overhauling!!! 13 years is a long long time!!!!

[EM_Vandaveer 2,408]

12 hours ago, Godwen said:

 

 

Thanks for your response. Yes, I am a USC. It would take 13 years?? Like If i sent the petition in tomorrow, nothing happens until 2030? If that's the case all I can say is wow!!! This system needs overhauling!!! 13 years is a long long time!!!!

No other country AFAIK allows siblings to immigrate. They are lowest priority.

Alternatively, you can petition for one of your parents, that'll take about a year, as soon as he or she enters on the immigrant visa, he or she will become a LPR and thus be able to petition for all the children except your married sibling. With the exception of the eldest, who will most likely age out, the children will be able to immigrate with F2A visas in about two years from the time your parent filed for them. For the oldest, I'm assuming, the married one, it makes more sense for you to file for him or her and wait out the 13+ years.

Edited January 2, 2017 by EM_Vandaveer

[Godwen 0]

1 minute ago, EM_Vandaveer said:

No other country AFAIK allows siblings to immigrate. They are lowest priority.

Alternatively, you can petition for one of your parents, that'll take about a year, as soon as he or she enters on the immigrant visa, he or she will become a LPR and thus be able to petition for all the children. With the exception of the eldest, who will most likely age out, the children will be able to immigrate with F2A visas in about two years from the time your parent filed for them. For the oldest, it'd take about 6.5 years.

 

 Again thanks for your reasonable response! My other question, If I petitioned for my father and he goes through the process and all, does he have to live the in the US permanently to be able to bring my siblings in? My father has no interest in living here permanently. He loves to visit but would not want to live here. 

[Boiler 45,486]

You could petition him but yes he would then become a Legal Permanent Resident. If he does not wish to be permanent then obviously does not apply.

 

You mentioned a married sibling, your father would need to be a USC to sponsor a married child.

 

Look upon current times as minimums, they are likely to increase.

 

Are you resident in the US, can you meet the sponsorship requirements?

[EM_Vandaveer 2,408]

7 minutes ago, Godwen said:

 Again thanks for your reasonable response! My other question, If I petitioned for my father and he goes through the process and all, does he have to live the in the US permanently to be able to bring my siblings in? My father has no interest in living here permanently. He loves to visit but would not want to live here. 

Your father would have to spend the majority of his time in the US until your siblings immigrate. Once they are here on GCs, he'd be free to leave and give up his own GC.

 

Boiler is right about your married sibling, though. Either you petition for that sibling and it's a long wait or your father has to wait 5 years as LPR (spending the majority of his time in the US), naturalize THEN file for this sibling THEN wait almost 12 years for PD to become current before he can move back to Nigeria.

In the case of your married sibling, it makes more sense for you to file for him/her and wait out the 13+years as it takes even longer through your parent.

Edited January 2, 2017 by EM_Vandaveer

[Godwen 0]

2 minutes ago, Boiler said:

You could petition him but yes he would then become a Legal Permanent Resident. If he does not wish to be permanent then obviously does not apply.

 

You mentioned a married sibling, your father would need to be a USC to sponsor a married child.

 

Look upon current times as minimums, they are likely to increase.

 

Are you resident in the US, can you meet the sponsorship requirements?

 Yes I live in the US. I believe I meet all the sponsorship requirement(Salary ranges between $100k-$140k). Technically, how long does my father have to stay on US soil to maintain his residency? 5-6 months in a year? Does he have to stay for a long stretch or he has the freedom to come in and out as he pleases? 

[Unlockable 7,314]

OP,

 

The reason why it takes so long for sibling visas is because they are the lowest priority. There are spouses and minor children that take priority over a 32 year old married sibling. There is no urgency to bring them him (you said it yourself that you simply want them closer to you). So sibling cases get put on the back burner.

 

Also as mentioned, if there is an immigration overhaul the sibling category will likely get dropped.

 

The best advice now is for you to go and file while you can. Yes it will take a while but at least you have done your part.

 

ETA: Your father has to remain in the US. That is the definition of RESIDENT in Permanent Resident. If he tries to skirt the system by only staying a few months he could lose his status.

Edited January 2, 2017 by NuestraUnion

[Boiler 45,486]

If you want to know how close you can sail to the wind then you need a Lawyer familiar with abandonment issues, fact specific and even then I doubt a Lawyer will guarantee such a situation. Often you see simplistic comments on forums such as these, is not simple. The 19 year will age out so will take a lot longer, the 17 year old could make it is say 3 years, presumably the younger 2 are staying with their mother and you will be petitioning for the oldest married.

 

He would be resident for taxes, Obamacare etc etc.

 

 

[Godwen 0]

6 minutes ago, NuestraUnion said:

OP,

 

The reason why it takes so long for sibling visas is because they are the lowest priority. There are spouses and minor children that take priority over a 32 year old married sibling. There is no urgency to bring them him (you said it yourself that you simply want them closer to you). So sibling cases get put on the back burner.

 

Also as mentioned, if there is an immigration overhaul the sibling category will likely get dropped.

 

The best advice now is for you to go and file while you can. Yes it will take a while but at least you have done your part.

 

ETA: Your father has to remain in the US. That is the definition of RESIDENT in Permanent Resident. If he tries to skirt the system by only staying a few months he could lose his status.

 

Thanks for the advice. I'll do just that!

[Ryan H 3,812]

~~~Closed for review~~~

 

***Thread back open, off topic posts and posts violating the TOS (personal attacks) removed; Administrative Action taken.  Either answer the OP's questions without extraneous commentary or violating the TOS or do not post.***

Edited January 2, 2017 by Ryan H

[EM_Vandaveer 2,408]

2 hours ago, Godwen said:

 Yes I live in the US. I believe I meet all the sponsorship requirement(Salary ranges between $100k-$140k). Technically, how long does my father have to stay on US soil to maintain his residency? 5-6 months in a year? Does he have to stay for a long stretch or he has the freedom to come in and out as he pleases? 

At least 6.5 months out of the year. He can come and go, but be careful so he isn't presumed to have abandoned his LPR status.

[EM_Vandaveer 2,408]

1 hour ago, Boiler said:

If you want to know how close you can sail to the wind then you need a Lawyer familiar with abandonment issues, fact specific and even then I doubt a Lawyer will guarantee such a situation. Often you see simplistic comments on forums such as these, is not simple. The 19 year will age out so will take a lot longer, the 17 year old could make it is say 3 years, presumably the younger 2 are staying with their mother and you will be petitioning for the oldest married.

 

He would be resident for taxes, Obamacare etc etc.

 

 

It can also be timed in such a way that OP petitions for the mother about a year before the younger 2 siblings' PDs are due to become current, so they can move over together.

[Cathi 5,748]

17 hours ago, Godwen said:

 

 

Thanks for your response. Yes, I am a USC. It would take 13 years?? Like If i sent the petition in tomorrow, nothing happens until 2030? If that's the case all I can say is wow!!! This system needs overhauling!!! 13 years is a long long time!!!!

Why does the system need overhauling? No other country in the world allows siblings to immigrate. You need to remember that immigration to the US is a privilege, not a right and the US owes you nothing. As it stands now there is word that they will be doing away with the sibling category in the near future, so if you're going to apply for them do it now because no one knows for sure when it will end.