Petition for my brother, his wife, step daughter and their daughter.

[Lornaevo 48]

3 minutes ago, Boiler said:

If she is a US Citizen yes.

Do we know how much of a faster process it would be?

[Boiler 46,122]

2 years?

[SusieQQQ 11,587]

1 hour ago, Lornaevo said:

Let me throw a wrench in it, what if my mom did the petition? Would this speed up the process?

If she’s a citizen she can and yes it’s faster, but not hugely so for the purposes you’re worried about - a year or two. Could make the difference for one of the kids though, but bear in mind the approval process will be a bit faster too so questionable whether it would make a difference from a CSPA perspective overall. If that is an option probably a better one. If your mom is particularly aged or something might be an idea to have both petitions running.

[aaron2020 11,651]

2 hours ago, Lornaevo said:

Do we know how much of a faster process it would be?

Currently, it takes about 12-13 years for a US citizen to petition for a married son in the F3 category.

 

Currently, the F3 category is faster than the F4 sibling category by 2 years.

Wait time will change and your brother's wait time whether his mom or you petitions for him is unknown.  

 

[Cathi 5,784]

The step child would need written permission to immigrate to the U.S. from his/her real father.

[HRQX 4,145]

2 minutes ago, Cathi said:

The step child would need written permission to immigrate to the U.S. from his/her real father.

Nope. The stepchild is already an adult (aged 18). But most likely won't be eligible as derivative (assuming the I-130 processing time is not long enough to get sufficient CSPA coverage).

[Lornaevo 48]

54 minutes ago, Cathi said:

The step child would need written permission to immigrate to the U.S. from his/her real father.

Real Father? I assume you mean biological father. Because my brother is the one that raised her and have been there for her. But thank you. 

[aaron2020 11,651]

1 hour ago, Cathi said:

The step child would need written permission to immigrate to the U.S. from his/her real father.

The step child is already an adult, is unlikely to be an eligible derivative beneficiary, so parental permission in 12-15 years is moot.  

[SusieQQQ 11,587]

27 minutes ago, Lornaevo said:

Real Father? I assume you mean biological father. Because my brother is the one that raised her and have been there for her. But thank you. 

As others have noted it is moot in this case as the child in question is already over 18, but FYI legally in many countries if a biological father is named on the birth certificate then permission of some sort would be needed. Regardless who may have actually acted as a parent or “been there” for the child. Immigration is based on legal relationships.

 

 

Edited March 14, 2021 by SusieQQQ

[Demise 1,338]

I mean age out issues depend really on how long USCIS sits on the I-130. If they sit on it and take their sweet a** time then it's possible the step daughter might be able to immigrate together with them. You could also file an I-130 and have your mother file an I-130 placing your brother and his family into F4 and F3 respectively and if one of them happens to take long enough to approved for the stepdaughter to not age out proceed with that petition.

 

Otherwise, well, have the brother or his wife start a new I-130 once they're in US.

 

Other options would be to seek some kind of employment sponsorship or play the DV lottery. I mention the DV lottery just because you're from an unrestricted country and well, it's free and if either your brother or the wife wins the whole family might be able to come together, or if the stepdaughter wins she'd be able to come on her own, naturalize after 5 years, and then petition for the parents who in turn would probably be able to get the other kid under F2A.