Bringing Sibling (under 21 years old) along with Parents

[Olut 0]

Hey all,

 

I am a US citizen and would like to bring both my parents and my 17 years old brother to the USA. I am filling I-130 for both my parents but not filling for my brother since I heard that might take around 10 years. I was wondering if this is the right way to do this? If so, can my brother travel to the US with a nonimmigrant visa at the same time as my parents (when their I-130 is approved) and apply to I-485 at the same time as my parents?

 

I appreciate any help on this.

Thanks 

Edited May 15, 2022 by Olut

[Boiler 46,109]

7 minutes ago, Olut said:

Hey all,

 

I am a US citizen and would like to bring both my parents and my 17 years old brother to the USA. I am filling I-130 for both my parents but not filling for my brother since I heard that might take around 10 years. I was wondering if this is the right way to do this? If so, can my brother travel to the US with a nonimmigrant visa at the same time as my parents (when their I-130 is approved) and apply to I-485 at the same time as my parents?

 

I appreciate any help on this.

Thanks 

The quickest option would be for your Parents to file for him after they immigrate 

 

No adjustment they enter on an immigrant visa

[JamesBz 7]

18 minutes ago, Olut said:

Hey all,

 

I am a US citizen and would like to bring both my parents and my 17 years old brother to the USA. I am filling I-130 for both my parents but not filling for my brother since I heard that might take around 10 years. I was wondering if this is the right way to do this? If so, can my brother travel to the US with a nonimmigrant visa at the same time as my parents (when their I-130 is approved) and apply to I-485 at the same time as my parents?

 

I appreciate any help on this.

Thanks 

No that would be immigration fraud. Quickest way is for parents to become US citizens then file for him

Edited May 15, 2022 by JamesBz

[Olut 0]

3 minutes ago, JamesBz said:

No that would be immigration fraud. Quickest way is for parents to become US citizens then file for him

They need to become US citizen? He is under 21, I think he can apply to I-485 as long as my parents have permanent resident card. I was just curious if he has to wait until my parents get the green card or can he apply to green card with them without filling I-130 or filling I-130 concurrently?

 

We just want him to be able to move to the US with my parents.

[SusieQQQ 11,587]

12 minutes ago, JamesBz said:

No that would be immigration fraud. Quickest way is for parents to become US citizens then file for him

No, LPRs can file for children under or over 21 as long as they are unmarried.

 

OP, this would be quickest way. F2A is the appropriate category for your parents to file and it would probably take about 2 years. But he can’t legally do it by moving “with” your parents. Often in this circumstance one parent gets a re-entry permit after they get their green cards, and returns to stay with the child in the home country until the child can get a visa.

Edited May 15, 2022 by SusieQQQ

[JamesBz 7]

4 minutes ago, SusieQQQ said:

No, LPRs can file for children under or over 21 as long as they are unmarried.

 

OP, this would be quickest way. F2A is the appropriate category for your parents to file and it would probably take about 2 years. But he can’t legally do it by moving “with” your parents. Often in this circumstance one parent gets a re-entry permit after they get their green cards, and returns to stay with the child in the home country until the child can get a 

11 minutes ago, Olut said:

They need to become US citizen? He is under 21, I think he can apply to I-485 as long as my parents have permanent resident card. I was just curious if he has to wait until my parents get the green card or can he apply to green card with them without filling I-130 or filling I-130 concurrently?

 

We just want him to be able to move to the US with my parents.

No they do not have to be USC’s. But  USC’s petitions take priority over LPR’s in the eyes of USCIS. 

[Olut 0]

14 minutes ago, SusieQQQ said:

No, LPRs can file for children under or over 21 as long as they are unmarried.

 

OP, this would be quickest way. F2A is the appropriate category for your parents to file and it would probably take about 2 years. But he can’t legally do it by moving “with” your parents. Often in this circumstance one parent gets a re-entry permit after they get their green cards, and returns to stay with the child in the home country until the child can get a visa.

Instead of F2A can he apply I-130? I think that might be faster. 

[aaron2020 11,651]

13 minutes ago, Olut said:

Instead of F2A can he apply I-130? I think that might be faster. 

The I-130 petition would be filed by an LPR parent to petition an unmarried child under age 21 in the F2a category.  

There is no way for your brother to immigrate with your parents.  Absolutely no way.

There is no fast or faster for your brother to immigrate to the US.  It's going to take 2-3 years after your parents immigrate to the US.  

 

Your brother can not enter the US with the intent to immigrate by adjusting status.  Immigrant intent does matter when a person is not an Immediate Relative of a US citizen (you don't count).  Immigrant intent does matter for a beneficiary in the family preference categories like F2a.  Furthermore, he would need a current Priority Date.  The Visa Bulletin has already mentioned that the F2a will not be current by the August 2022 VB.

Once your parents immigrate to the US, they can file I-130 to petition your brother in F2a category.  If one of them needs to go back to take care of an 18 years old, then they can get Re-Entry Permits allowing them to be outside the US for up to 2 years.

Your brother will be 18 years old soon.  Anything that he does, he will be treated as an adult.  Not a child.  That could include the stiffest penalties including a ban from the US.  

Edited May 15, 2022 by aaron2020

[Olut 0]

24 minutes ago, aaron2020 said:

The I-130 petition would be filed by an LPR parent to petition an unmarried child under age 21 in the F2a category.  

There is no way for your brother to immigrate with your parents.  Absolutely no way.

There is no fast or faster for your brother to immigrate to the US.  It's going to take 2-3 years after your parents immigrate to the US.  

 

Your brother can not enter the US with the intent to immigrate by adjusting status.  Immigrant intent does matter when a person is not an Immediate Relative of a US citizen (you don't count).  Immigrant intent does matter for a beneficiary in the family preference categories like F2a.  Furthermore, he would need a current Priority Date.  The Visa Bulletin has already mentioned that the F2a will not be current by the August 2022 VB.

Once your parents immigrate to the US, they can file I-130 to petition your brother in F2a category.  If one of them needs to go back to take care of an 18 years old, then they can get Re-Entry Permits allowing them to be outside the US for up to 2 years.

Your brother will be 18 years old soon.  Anything that he does, he will be treated as an adult.  Not a child.  That could include the stiffest penalties including a ban from the US.  

I understand. 

 

Would it be possible if I file I-130 for one of my parents, then she would sponsor both my brother and dad (or I can sponsor my dad later)? Would that look not-appropriate on USCIS view?  

[Crazy Cat 42,298]

1 hour ago, Olut said:

I think he can apply to I-485 as long as my parents have permanent resident card.

Not how it works....

[aaron2020 11,651]

55 minutes ago, Olut said:

I understand. 

 

Would it be possible if I file I-130 for one of my parents, then she would sponsor both my brother and dad (or I can sponsor my dad later)? Would that look not-appropriate on USCIS view?  

You could do that. 

Because of your brother's age and you haven't started your parents' I-130, it's likely that your brother could turn 21 and be ineligible to immigrate with the second parent.  He could end up aging out into the F2b category.  There is no way to predict the future.

[SusieQQQ 11,587]

4 hours ago, JamesBz said:

No they do not have to be USC’s. But  USC’s petitions take priority over LPR’s in the eyes of USCIS. 

Dude
It would take the parents 5 years to become citizens and by then the kid is over 21 and takes another 8 years as F1 over 21 child of USC, how is that 13 years total “faster” thah 2 years as an under 21 child of an LPR?

 

3 hours ago, Olut said:

I understand. 

 

Would it be possible if I file I-130 for one of my parents, then she would sponsor both my brother and dad (or I can sponsor my dad later)? Would that look not-appropriate on USCIS view?  

Yes, you can totally do that - so you would sponsor one parent, and once that parent has their green card they can sponsor the other spouse with the under 21 child as a derivative on the application. But Aaron is correct that this carries a risk of your brother aging out.

Edited May 16, 2022 by SusieQQQ

[SusieQQQ 11,587]

2 hours ago, aaron2020 said:

You could do that. 

Because of your brother's age and you haven't started your parents' I-130, it's likely that your brother could turn 21 and be ineligible to immigrate with the second parent.  He could end up aging out into the F2b category.  There is no way to predict the future.

Brother is 17, there is some years leeway. No way of knowing if F2A remains current that long but if it does then CSPA means they just have to file when kid is under 21. But yes, good point, it is definitely a greater risk than a parent getting a green card and filing F2A for the kid immediately. 
 

edit: I just saw your comment “The Visa Bulletin has already mentioned that the F2a will not be current by the August 2022 VB.”. I had missed that. Will be very interested to see what the priority date ends up being.

Edited May 16, 2022 by SusieQQQ

[aaron2020 11,651]

8 minutes ago, SusieQQQ said:

Brother is 17, there is some years leeway. No way of knowing if F2A remains current that long but if it does then CSPA means they just have to file when kid is under 21. But yes, good point, it is definitely a greater risk than a parent getting a green card and filing F2A for the kid immediately. 
 

edit: I just saw your comment “The Visa Bulletin has already mentioned that the F2a will not be current by the August 2022 VB.”. I had missed that. Will be very interested to see what the priority date ends up being.

A.  We have no idea when the parent(s) will immigrate and be able to file an I-130 before the brother's 21st birthdate.

 

B.  In the past, the wait in the F2a category has been as long as 5 years.  

 

C.  In the June 2022 VB, they announced that the F2a category will not be current by the August 2022 VB.

Those points above means that no one can tell the future and be able to say for sure if CSPA could preserve this as an F2a case.  The brother could age out into the F2b category.

If one parent immigrates, it is best to file separate I-130 for the other parent and brother.  If you file one for the other parent and the brother is a derivative, he could age out.  Recapturing a PD is a pain.

Edited May 16, 2022 by aaron2020

[Shrestha 1]

OP,

My parents got their LPR around 2018, filed for my sister around March 2019 and DQ by mid 2021. She is U 21. I completely agree with the guidance of 1st parents and then file by Mother and you can still be the household member / sponsor for the sibling. Let me know if you have any specific questions on that.