Green Card for Parents but how about sibling

[Bondreas 0]

Hi everyone,

 

I recently became an US citizen (2018) and my family is going to be migrating to the US.

 

My parents are currently in line to get their I-130 processed (says 11 months).

 

The plan is to move in about two years, after they wrap up all of their affairs (sell the house, store things, last 2 years of work before retirement, etc).

 

Now here is my question. What would be the best way to get my brother over to the US? The sibling category is one of the lowest priorities, even for citizens. 
 

Should I wait for my parents to become a green card holder, and they apply for their son? Or should I apply for my brother directly? Any tips?

 

if I go for option one, would it be an issues for my parents to apply for a green card for my brother while they still live abroad? (Netherlands)

 

Thanks in advance,

 

Bob

[Allaboutwaiting 2,503]

They cannot apply for your brother while they live abroad. They can apply once they obtain the visa and move to the US.

 

Now, assuming your brother is over 21 and unmarried, based on the visa bulletin for May 2023, the waiting time would be: 

-If you petition him: 16 years

-If your parents petition him: 8 years plus the time it will take to get their visa and move to the US.

 

That can obviously change in the future. 

[Mike E 11,739]

30 minutes ago, Bondreas said:

Should I wait for my parents to become a green card holder, and they apply for their son? Or should I apply for my brother directly?

All 3.

 

1. You file I-130 now for your brother

2. When parent 1 becomes an LPR, parent 1 files I-130 for your brother

3. When parent 2 becomes an LPR, parent 2 files I-130 for your brother

 

First I-130 to visa interview wins. This provides double redundancy in case 2 people among your parents and you pass away before he enters on his visa.

 

 

[Bondreas 0]

6 hours ago, Mike E said:

All 3.

 

1. You file I-130 now for your brother

2. When parent 1 becomes an LPR, parent 1 files I-130 for your brother

3. When parent 2 becomes an LPR, parent 2 files I-130 for your brother

 

First I-130 to visa interview wins. This provides double redundancy in case 2 people among your parents and you pass away before he enters on his visa.

 

 

Thank you for this information, that's smart!

Would using form I-485 Adjustment of status be an option if he were be able to enter with an ESTA originally, using myself as the sponsor? This might be frown upon, but I'm just looking at the possibilities/options.

[Mike E 11,739]

Just now, Bondreas said:

Would using form I-485 Adjustment of status be an option if he were be able to enter with an ESTA originally, using myself as the sponsor? This might be frown upon, but I'm just looking at the possibilities/options.

1. Entering the U.S. on sn ESTA with intent to file I-485 is immigration fraud.

 

2. Even if it was not fraud, because the B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS chart is not current for F-4 and because USCIS currently uses that chart for family based I-485s, he is not eligible to file I-485. IOW if he filed I-485, he would not be allowed to stay in the U.S. for decades waiting fir his priority date to become current.instead I-485 would be denied and he would get a 10 year ban at minimum. 

[Bondreas 0]

2 minutes ago, Mike E said:

1. Entering the U.S. on sn ESTA with intent to file I-485 is immigration fraud.

 

2. Even if it was not fraud, because the B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS chart is not current for F-4 and because USCIS currently uses that chart for family based I-485s, he is not eligible to file I-485. IOW if he filed I-485, he would not be allowed to stay in the U.S. for decades waiting fir his priority date to become current.instead I-485 would be denied and he would get a 10 year ban at minimum. 

Thank you, I wouldn't want to do anything the wrong way.

[Chancy 6,241]

11 hours ago, Bondreas said:

What would be the best way to get my brother over to the US?

 

How old is your brother?

 

[Bondreas 0]

13 minutes ago, Chancy said:

 

How old is your brother?

 

28, and unmarried. Looks like there is no other choice than to wait the 6-8 years that the visa bulletin indicates?

Perhaps my parents could petition once they also receive citizenship, but that's also a minimum of 5 years + whatever it takes to process from that point onward.

[Chancy 6,241]

5 minutes ago, Bondreas said:

28, and unmarried. Looks like there is no other choice than to wait the 6-8 years that the visa bulletin indicates?

 

In that case, go with @Mike E's suggestion.  If you don't mind the filing fees, all 3 of you should file for him.  I-485 is not an option for your brother.

 

No need to wait for your parents' US citizenship.  They may file I-130 for your brother on the day they enter the US with their IR5 visas.  If they later become USCs, their petition for F2B can be converted to F1 with just an email request to NVC, assuming your brother remains unmarried.

 

[Boiler 45,451]

16 minutes ago, Bondreas said:

28, and unmarried. Looks like there is no other choice than to wait the 6-8 years that the visa bulletin indicates?

Perhaps my parents could petition once they also receive citizenship, but that's also a minimum of 5 years + whatever it takes to process from that point onward.

Not sure where you are getting those timelines, 8 years for F2B for those that applied 8 years ago, applying now is much longer, Plus it seems it will be 2 years before they can apply and he needs not to marry etc.

[Boiler 45,451]

2 minutes ago, Chancy said:

 

In that case, go with @Mike E's suggestion.  If you don't mind the filing fees, all 3 of you should file for him.  I-485 is not an option for your brother.

 

No need to wait for your parents' US citizenship.  They may file I-130 for your brother on the day they enter the US with their IR5 visas.  If they later become USCs, their petition for F2B can be converted to F1 with just an email request to NVC, assuming your brother remains unmarried.

 

And if it makes sense to move to F1 from F2b, he can keep F2b even of they naturalise.