Filing I-130 for my Mom and brother under 21

[yankee4real 0]

Hello everyone,

 

Please, I'm planning to file form I-130 for my mom and my younger brother together. A friend of mine just told me that since my younger brother is under 21 years old, therefore, I can file I-130 for him and my mom at the same time.

 

Is this information correct?

 

Your professional advice will be highly appreciated.

[geowrian 22,337]

You can always file 2 separate petitions for 2 different eligible relatives...together or at different times. They are processed separately.

 

Your mother would be an immediate relative. ETA: ~1 year

Your sibling would be under 4th preference (F4), which is a 12-20+ year wait (depending on country of changeability and how long this wait time grows over the the next decade or 2). His age doesn't matter.

 

That said, I'm assuming you don't want to wait that long for your brother. It would be faster for your mother to get a green card then file for him. If he is still under 21 when his PD becomes current (roughly 18-24 months for F2A), then he can come at that time. If he will age out of F2A and goes to F2B, it's about a 10 year wait for the PD to become current. CSPA may help negate a little bit of this time...it really depends on how old he is right now, when she files, and how long that petition takes to be approved.

[aleful 1,905]

nope

 

 

not correct, there aren't derivatives in parents petitions, you will have to file for your brother separately no matter the age

 

and as said, it takes a very long time, it won't be worth it. you can file for your mom and once she is here, she can file for your brother

 

depending on his age, it will take 2 years if he is under 21, or 7 or more years if he is over 21

 

 

[yankee4real 0]

Thanks so much for the replies. I got confused too when my friend to me I can file together.

 

Okay, then, my next question is since my brother is 19years old now,  and I will be filing for my mom from Nigeria, is there any chance for my mom to get her Greencard, and then, she files for my brother before he turns 21?

 

I heard that USCIS processings are generally slow these days. I'm just being curious.

Thanks

[geowrian 22,337]

18 minutes ago, yankee4real said:

Okay, then, my next question is since my brother is 19years old now,  and I will be filing for my mom from Nigeria, is there any chance for my mom to get her Greencard, and then, she files for my brother before he turns 21?

 

I heard that USCIS processings are generally slow these days. I'm just being curious.

He would likely be at least 20 by the time she has her green card. He would very likely turn 21 before his PD is current (even with CSPA protections). As such, he is almost certainly going to age out into F2B. This has the ~10 year wait currently. F2B was down to ~7 years recently, but is practically closer to 10 years now. It really could be anywhere depending on how many people before him get a visa in that category, but the trend seems to be longer rather than shorter IMO.

 

Yes, USCIS has a large backlog right now, but this issue is mostly due to limits on the number of visas permitted under law in a given category. USCIS working faster doesn't make an immigrant visa number come up any sooner (although technically it would let your mom file sooner if she was approved faster since she has no wait for a visa number).

Edited December 18, 2017 by geowrian

[yankee4real 0]

Okay. Thanks so much Geowrian and Aleful for clarifying my doubts. However, do you think it is a good idea to file for my mom through I-130 and then invite my brother through B1/B2 visa?

 

In other words, let's assume my mother has gotten her Greencard and arrived here in the U.S., and my brother has come here with B1/B2 tourist visa, I know the waiting period for him cannot be shortened because he is in the U.S., but can he at least get work authorization if my mom files for him?

 

Again, thanks so much.

[Boiler 45,486]

B1/2 is for visiting not working and is probably unlikely, what are his ties to Nigeria?

[geowrian 22,337]

20 minutes ago, yankee4real said:

Okay. Thanks so much Geowrian and Aleful for clarifying my doubts. However, do you think it is a good idea to file for my mom through I-130 and then invite my brother through B1/B2 visa?

 

In other words, let's assume my mother has gotten her Greencard and arrived here in the U.S., and my brother has come here with B1/B2 tourist visa, I know the waiting period for him cannot be shortened because he is in the U.S., but can he at least get work authorization if my mom files for him?

I wish I had a better situation to relay, but it is what it is. It's still probably fastest for your mom to file once she gets her green card since the F4 (sibling) path is getting longer every year and is already taking at least 12 years for even the non-oversubscribed countries.

 

Sure, your brother can apply for a tourist visa. He needs to qualify for the visa on his own (there's no sponsorship for a tourist visa) and show that he intends to return home without violating status (i.e. working).

No, he cannot work and would not qualify for a working permit in the US. The maximum stay at one visit is generally 6 months (with the actual stay duration determined at POE). Visiting too often can result in being denied entry for living in the US. Overstay is not ignored in his case either, so overstaying would 1) immediately invalidate his current visa, and 2) would incur a 3/10 year bar upon exit if he overstays by 180+ days/1+ year.

[yankee4real 0]

14 minutes ago, Boiler said:

B1/2 is for visiting not working and is probably unlikely, what are his ties to Nigeria?

He is working in Nigeria.

[yankee4real 0]

43 minutes ago, geowrian said:

I wish I had a better situation to relay, but it is what it is. It's still probably fastest for your mom to file once she gets her green card since the F4 (sibling) path is getting longer every year and is already taking at least 12 years for even the non-oversubscribed countries.

 

Sure, your brother can apply for a tourist visa. He needs to qualify for the visa on his own (there's no sponsorship for a tourist visa) and show that he intends to return home without violating status (i.e. working).

No, he cannot work and would not qualify for a working permit in the US. The maximum stay at one visit is generally 6 months (with the actual stay duration determined at POE). Visiting too often can result in being denied entry for living in the US. Overstay is not ignored in his case either, so overstaying would 1) immediately invalidate his current visa, and 2) would incur a 3/10 year bar upon exit if he overstays by 180+ days/1+ year.

Thanks so much. You guys are amazing.

I appreciate the responses.

[Boiler 45,486]

8 minutes ago, yankee4real said:

He is working in Nigeria.

So he has a job to go back to so why the question about US work authorisation?

[NigeriaorBust 4,087]

  If your brother comes on a visitors visa and overstays , by the time his date becomes current he will be out of status and lose his chance at getting a green card.  

[yankee4real 0]

8 hours ago, Boiler said:

So he has a job to go back to so why the question about US work authorisation?

Thanks, Boiler. I think "NigeriaorBust has answered my question with the following response: "If your brother comes on a visitors visa and overstays , by the time his date becomes current he will be out of status and lose his chance at getting a green card."

 

But for clarity sake, what I meant was that If he doesn't go back to Nigeria. Assuming he arrives in the US with a tourist visa while my mom is here. Then, before he goes out status (for the tourist visa), if my mom files I-130 for him (while he is already in the US), can he get work authorization?

 

[yankee4real 0]

6 hours ago, NigeriaorBust said:

  If your brother comes on a visitors visa and overstays , by the time his date becomes current he will be out of status and lose his chance at getting a green card.  

Thanks, igwe and lolo. You answered my question.

[Mollie09 1,543]

2 hours ago, yankee4real said:

Thanks, Boiler. I think "NigeriaorBust has answered my question with the following response: "If your brother comes on a visitors visa and overstays , by the time his date becomes current he will be out of status and lose his chance at getting a green card."

 

But for clarity sake, what I meant was that If he doesn't go back to Nigeria. Assuming he arrives in the US with a tourist visa while my mom is here. Then, before he goes out status (for the tourist visa), if my mom files I-130 for him (while he is already in the US), can he get work authorization?

 

 

No, filing the I-130 is just the first step and doesn't provide EAD or authorized stay. He can't stay until he's eligible to adjust with an I-485 when the petition is current.