Which route to take

[Traveler101 16]

Hi everyone,

 

My mother will soon become a permanent resident and would like to bring my 23 y.o brother to the US. Which process takes longer if she applies for him while being a resident or wait until she is a citizen? I've read that for a green card holder applying for a son the wait is about 7-8 years, but couldn't find how long the wait for a citizen.

 

Thank you

[casiperuano 11]

You can always check the visa bulletins to see which visa category are being processed.

 

FAMILY-SPONSORED PREFERENCES First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

 

As a citizen, she would bring him as an F1, as a Permanent Resident, she would bring him as F2B.  As of August 2018, they were processing F1s filed from May 8, 2011, and F2Bs as of Oct 22, 2011.  Since it takes 5 years to gain citizenship from a LPR in most cases, if you know you want to request him, you're better off filing as soon as she becomes an LPR.

 

[Alabamak1 688]

she can apply as an LPR and file to bring your brother.  when she turns a USC, inform USCIS that she has naturalized and he will will be in the faster category.

[Boiler 45,499]

29 minutes ago, Traveler101 said:

Hi everyone,

 

My mother will soon become a permanent resident and would like to bring my 23 y.o brother to the US. Which process takes longer if she applies for him while being a resident or wait until she is a citizen? I've read that for a green card holder applying for a son the wait is about 7-8 years, but couldn't find how long the wait for a citizen.

 

Thank you

Assuming you are a USC you should also file, if he is going to benefit as a child of a LPR he needs to remain single.

[gregcrs2 1,778]

29 minutes ago, Traveler101 said:

Hi everyone,

 

My mother will soon become a permanent resident and would like to bring my 23 y.o brother to the US. Which process takes longer if she applies for him while being a resident or wait until she is a citizen? I've read that for a green card holder applying for a son the wait is about 7-8 years, but couldn't find how long the wait for a citizen.

 

Thank you

What kind of visa will your mother be coming into the USA will determine how long until she can become a citizen.  If it's through marriage then she can get citizenship under the 3 year rule.  If something other, she can get citizenship under the 5 year rule.  Either way, it's going to be a long time and he must remain unmarried.

[Traveler101 16]

Thank you everyone for the answers.  I'm a USC and applying for her green card. I thought if she is USC the process would be faster, but it seems like it's almost the same wait as if she applies while being a resident. And the process is also faster through her than if I, sister, will apply for him. 

 

[Boiler 45,499]

7 minutes ago, Traveler101 said:

Thank you everyone for the answers.  I'm a USC and applying for her green card. I thought if she is USC the process would be faster, but it seems like it's almost the same wait as if she applies while being a resident. And the process is also faster through her than if I, sister, will apply for him. 

 

Both of you can petition him, see which ones come through first.

[Jojo92122 1,924]

1 minute ago, Traveler101 said:

Thank you everyone for the answers.  I'm a USC and applying for her green card. I thought if she is USC the process would be faster, but it seems like it's almost the same wait as if she applies while being a resident. And the process is also faster through her than if I, sister, will apply for him. 

 

Here's the CURRENT timeline for petitioning your brother.  It seems that every year, it takes longer, so presume that your brother's wait will be longer than the current timelines. 

 

USC sister petitions brother.  Current wait is almost 14 years.  He can get marry during the wait.  His wife and kids would be included.  

 

LPR mother petitions for unmarried son over age 21.  Current wait is 7-8 years.  (Your brother must stay unmarried the entire time until uses his visa to enter the US and gets his green card.  Marriage at anytime voids the petition forever and he can not divorce to bring it back.)

 

USC mother petitions for unmarried son.  Current wait is 7-8 years.  Here is the problem; it will take at least 5 years for your mother to qualify to take the naturalization test.   Naturalization would take a year.  So 7-8 + 5-6 = 12-14 years.  

 

There is no reason for your mother to wait to become a USC to file.  She can file as an LPR, then upgrade the petition for her son after she becomes a USC.  

This is what I would do.  You file a petition for your brother.  Your mother as an LPR files another petition for your brother.  Whichever works out, then great. 

[Traveler101 16]

Just now, Boiler said:

Both of you can petition him, see which ones come through first.

I didn't know that you can do that. Thanks! 

[Traveler101 16]

1 minute ago, Jojo92122 said:

Here's the CURRENT timeline for petitioning your brother.  It seems that every year, it takes longer, so presume that your brother's wait will be longer than the current timelines. 

 

USC sister petitions brother.  Current wait is almost 14 years.  He can get marry during the wait.  His wife and kids would be included.  

 

LPR mother petitions for unmarried son over age 21.  Current wait is 7-8 years.  (Your brother must stay unmarried the entire time until uses his visa to enter the US and gets his green card.  Marriage at anytime voids the petition forever and he can not divorce to bring it back.)

 

USC mother petitions for unmarried son.  Current wait is 7-8 years.  Here is the problem; it will take at least 5 years for your mother to qualify to take the naturalization test.   Naturalization would take a year.  So 7-8 + 5-6 = 12-14 years.  

 

There is no reason for your mother to wait to become a USC to file.  She can file as an LPR, then upgrade the petition for her son after she becomes a USC.  

This is what I would do.  You file a petition for your brother.  Your mother as an LPR files another petition for your brother.  Whichever works out, then great. 

Yes, I see now that filling right away is the better way. I will apply for both of them, and when my mother becomes LPR, she will apply too. Thanks for clarifying!

[Triple28 65]

As soon as she get her green card, she can file for her son as LPR, so her son will be F2B.

The waiting time for F2B now is 6 years 10 months for rest of world.

As long as he is single (do not marry), he is okay. If he marry, his case is canceled.

 

After 5 years, she can be a citizen and upgrade her son to F1, the waiting time is 7 years 4 months. 

Your mother will have only one chance to ask NVC changing her son's case from F1 to F2B, if she finds that F2B is faster.

If her son marry, he will be change to F3 with a waiting time is 13 years.

 

[Russ&Caro 1,549]

22 hours ago, Boiler said:

Both of you can petition him, see which ones come through first.

It sounds like a super slow video game, watching to see which petition crosses the finish line first.

[Visitor User 253]

How come F1 moves slower than FB2? 

 

You would think a USC sponsoring would be faster?

 

Aged out by 2 years. Sad. 

Edited August 14, 2018 by Visitor User

[Visitor User 253]

24 minutes ago, Russ&Caro said:

It sounds like a super slow video game, watching to see which petition crosses the finish line first.

Tetris. 

[Russ&Caro 1,549]

8 minutes ago, Visitor User said:

How come F1 moves slower than FB2? 

 

You would think a USC sponsoring would be faster?

Sounds like the mother only just received her LPR status so will have to wait 5 years before she can apply to be a citizen. That would add to the time it takes to file F1.