Filing I-130 for parent and step-brother

[nastra30 2,284]

22 minutes ago, visa3310 said:

from the application requirements it states, it states i can petition for parent and brother - Yes you can petition parent and brother but it's going to be two different categories. Parent is immediate relative, visa bulletin doesn't apply to them so process will up to 3 years to complete. Brother on the other hand is not immediate relative so you'll have to go by the visa bulletin. F4 category which will take 17+ years depending on country. Hence it will be sooner for brother if parent migrates and then petitions brother which will take 9+ years depending on country.

so where in this is number of years here? - Visa bulletin

also i hear that if siblings(half or full) are under 18 will make things faster - Makes no difference for if it's a sibling petition.

so after mentioning half brother is 16 years, does that change anything? - Nope, makes no difference if it's a sibling petition.

 

Edited January 4 by nastra30

[Stein 276]

Nobody is debating whether you can file for your half brother.

 

The issue is your parents can come in around two years.  Under your filing he will have to wait for around 20 years.  That is why it is faster if you bring your parents, they adjust and then they file for him.  That would get him here in about 8 years or so.

[Crazy Cat 41,809]

1 minute ago, Stein said:

they adjust and then they file for him.

Actually, a parent can petition the child immediately after entering the US.

[JeanneAdil 6,489]

27 minutes ago, SalishSea said:

No one is disputing that you can petition your brother.  
 

The point you’re missing is that he will have to wait for a visa to be available, as that category is numerically limited, and the current wait time is up to 20 years, and even longer for some countries.

And it is a separate petition I 130 for the brother I 130 with all the fees that go along with it

He will not be a derivative of the parent's I 130

 

https://www.uscis.gov/family/family-of-us-citizens

[JeanneAdil 6,489]

1 hour ago, visa3310 said:

under 16 years old

so half brother is not considered brother?
what will it make it take longer if half brother compared to if brother?

no,  its the F4 visa you need to find out about   

 

BTW  no one has asked but are u  USC  or LPR?

[visa3310 6]

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

[Crazy Cat 41,809]

3 minutes ago, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

You can file for brother at ANY age. His age makes no difference at all.  It makes no difference in how fast he can immigrate.   If the lawyer told you something different, he/she is wrong. 

Edited January 4 by Crazy Cat

[Dashinka 24,479]

Just now, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

Nope, we are saying the same thing.  You may want to ask the lawyer what the estimated timelines are for all of them?  This is what we are saying is different between the different classes of visas they will eventually apply for.

27 minutes ago, JeanneAdil said:

no,  its the F4 visa you need to find out about   

 

BTW  no one has asked but are u  USC  or LPR?

I assume USC since an LPR cannot petition for parents.

[appleblossom 2,438]

5 minutes ago, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

It’s not though, we’ve all said you can petition for him. 
 

All the info you need is on the USCIS website - see the links above. The link given by @JeanneAdil tells you clearly that your brother isn’t an Immediate Relative. 

Edited January 4 by appleblossom

[IWander 589]

4 minutes ago, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

If you want to believe the lawyer then use the lawyer 

[Boiler 45,443]

15 minutes ago, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

No, we all agree that you can file for your Brother

[SalishSea 17,801]

18 minutes ago, visa3310 said:

i met with a lawyer and he said i will be able to file to parent and half brother fine as long as half brother in under 18 years
so what lawyer told me and what you guys are saying are completely different

 

Are you a USC or LPR?

[visa3310 6]

39 minutes ago, Dashinka said:

Nope, we are saying the same thing.  You may want to ask the lawyer what the estimated timelines are for all of them?  This is what we are saying is different between the different classes of visas they will eventually apply for.

I assume USC since an LPR cannot petition for parents.

I am USC

14 minutes ago, SalishSea said:

Are you a USC or LPR?

USC

[appleblossom 2,438]

2 minutes ago, visa3310 said:

I am USC

USC

 

OK, so yes, you can petition for all of them. But there will just be a difference in the processing time as above. 

[visa3310 6]

2 hours ago, Pinkrlion said:

Filing the petition is the first step. Visa category approval is the second step. Your parent and your brother will have two different visa categories. The time it takes to approve their visa category is what we are talking about. 
 

Parent - 2-3 year

Brother- 15-20 years. 

where do i get the information on what the visa type will be? like the f4 etc and where did you get this processing time information from?