Filing I-130 for parent and step-brother

[Dashinka 24,480]

3 minutes ago, visa3310 said:

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?

The link to the visa bulletin has been posted, but here it is again.  You can also type "visa bulletin" in your favorite search engine.

 

https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_January2024.pdf

[visa3310 6]

this is crazy to me that processing time for anything can be 15 - 20 years

i mean that is so long that am not even sure how they keep tab of documentations and information provided
that is way too long, long enough for the world to be completely different and for a country not to exist any longer

just can understand why anything should take that long

 

what i got from lawyer is really different, maybe i need to go see any lawyer again and double check all these information

i remember lawyer saying i need to start the process fast before half brother turns 18 and now you guys saying age does not even matter and processing times can be mover 2 decades

so what happens when the petitioner is no longer alive by the time processing time finally arives? i just cant understand this

Edited January 4 by visa3310

[SalishSea 17,801]

7 minutes ago, visa3310 said:

this is crazy to me that processing time for anything can be 15 - 20 years

i mean that is so long that am not even sure how they keep tab of documentations and information provided
that is way too long, long enough for the world to be completely different and for a country not to exist any longer

just can understand why anything should take that long

 

what i got from lawyer is really different, maybe i need to go see any lawyer again and double check all these information

i remember lawyer saying i need to start the process fast before half brother turns 18 and now you guys saying age does not even matter and processing times can be mover 2 decades

so what happens when the petitioner is no longer alive by the time processing time finally arives? i just cant understand this

What’s even crazier, is that most countries do not even allow for sibling visas.   At least the US does.

[appleblossom 2,439]

5 minutes ago, visa3310 said:

this is crazy to me that processing time for anything can be 15 - 20 years

i mean that is so long that am not even sure how they keep tab of documentations and information provided
that is way too long, long enough for the world to be completely different and for a country not to exist any longer

just can understand why anything should take that long

 

what i got from lawyer is really different, maybe i need to go see any lawyer again and double check all these information

i remember lawyer saying i need to start the process fast before half brother turns 18 and now you guys saying age does not even matter and processing times can be mover 2 decades

so what happens when the petitioner is no longer alive by the time processing time finally arives? i just cant understand this

 

As said above, if your parents petition for him, it won't be as long as that. But that's why people are suggesting you petition him as well, as back up in case something happens to your parent(s).

 

I'd just email the lawyer and ask them for clarification on the timelines. It's odd that they've said 18 though, even a dependent doesn't need to be under 18, it's 21 for US immigration. So either something they're saying is being misunderstood, or they're not a very good lawyer - but ask them to clarify it all and they should do. They are a member of AILA? 

[SalishSea 17,801]

Some visa types allow child derivatives.   The IR-2 (which is what your mom will get, does NOT).  So your sibling needs a separate petition, and will have a separate visa category, regardless of his age.

 

Sounds to me like the immigration lawyer didn’t have all of the pertinent info from you, you explained things poorly, or he’s just incompetent.   This is basic family visas 101, no rocket science here.

 

And it’s not “15-20 years processing time.”   There will be nothing done with the petition during that time.   The wait is for a visa number to become available, and the reason it takes so long is that billions of people also had that idea and are in the queue ahead of you.

 

Petitioners die all the time, and in some cases there can be a humanitarian reinstatement.   But this is why it will be a good idea, once your mom is an LPR, for you both to petition the brother.

[Crazy Cat 41,810]

16 minutes ago, visa3310 said:

so what happens when the petitioner is no longer alive by the time processing time finally arives?

Sometimes, the visa application ends.  These are family reunification visas. 

Edited January 4 by Crazy Cat

[Boiler 45,445]

These time estimates for the Brother seem optimistic.

 

Parents usually go with 18 months as a norm.

[appleblossom 2,439]

1 hour ago, visa3310 said:

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?

Both Dashinka and I (and probably others) have given you info on it above, as well as the link to the Visa Bulletin. 

 

I appreciate that you thought this would be relatively easy and we’ve all chucked a load of info at you and thrown you a curveball in your plans that you weren’t expecting. So maybe slow down, have another read of the thread from the start, and a read of the links given. Then you can ask ask questions about anything you’re not clear on. 

[JeanneAdil 6,489]

2 hours 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 didn't assume as he does not seem to understand  the I 130 process and F4  and he has no timeline 

[visa3310 6]

i certainly learnt a lot today, never knew there will be different visa for half brother and wait time is that insane

the freaking I-130 should have mentioned this but they did not, i guess like they say "read the fine print"

thanks to you all

truly appreciate all your responses

your responses are much better that the consultation fee i paid a lawyer that gave me false hope

will have to seat down and go through the links you guys shard to further understand and confirm everything you all said

one last thing i wanted to check

 

can i petition for dad and half brother and then while the 15-20 years craziness continues

when dad gets LPR then he can also petition for half brother as his child?

can that work? so that way it is like backup plan as 2 application for half brother?

is that legal and allowed?

[Crazy Cat 41,810]

32 minutes ago, visa3310 said:

can i petition for dad and half brother and then while the 15-20 years craziness continues

when dad gets LPR then he can also petition for half brother as his child?

can that work? so that way it is like backup plan as 2 application for half brother?

is that legal and allowed?

That is what we have been suggesting from the very beginning of this thread. 

@Boiler first stated that in the third post on page 1.

Edited January 5 by Crazy Cat

[appleblossom 2,439]

27 minutes ago, visa3310 said:

i certainly learnt a lot today, never knew there will be different visa for half brother and wait time is that insane

the freaking I-130 should have mentioned this but they did not, i guess like they say "read the fine print"

thanks to you all

truly appreciate all your responses

your responses are much better that the consultation fee i paid a lawyer that gave me false hope

will have to seat down and go through the links you guys shard to further understand and confirm everything you all said

one last thing i wanted to check

 

can i petition for dad and half brother and then while the 15-20 years craziness continues

when dad gets LPR then he can also petition for half brother as his child?

can that work? so that way it is like backup plan as 2 application for half brother?

is that legal and allowed?

 

That's exactly what everybody has said you should do. 

 

Now that you know the reality of the wait times ahead, you need to have a conversation with your father and he needs to make a decision. He needs to work out if he wants to pursue life in the US for him and your brother, and if so, is he prepared to leave him behind for 4-5 years when he's young. Or just forgetting the idea for now and then moving once your brother is old enough to be left and can wait for his visa as an adult (I'd still suggest you petition for him now just in case as back up).

 

One thing you've not mentioned is which country are they in/from? 

 

Best of luck to you.  

Edited January 5 by appleblossom

[visa3310 6]

10 minutes ago, appleblossom said:

 

One thing you've not mentioned is which country are they in/from? 

 

Best of luck to you.  

currently living in nigeria and will be coming from nigeria

so they are not living here currently

 

you mentioned 4-5 years before dad can petition for half brother

when petition is approved for dad, will it be temp resident before permanent resident?

sorry if this sounds stupid but i havent kept up with the immigration laws and all of recent

so i can sound like a noobie

 

besides 16 years is not young lol

[appleblossom 2,439]

15 minutes ago, visa3310 said:

currently living in nigeria and will be coming from nigeria

so they are not living here currently

 

you mentioned 4-5 years before dad can petition for half brother

when petition is approved for dad, will it be temp resident before permanent resident?

sorry if this sounds stupid but i havent kept up with the immigration laws and all of recent

so i can sound like a noobie

 

besides 16 years is not young lol

 

OK that's good, not one of the countries that take longer then i.e. Mexico. 

 

Your father will get an immigrant visa/green card, so he'll be a Legal Permanent Resident of the US, nothing temporary about it. The 4-5+ years isn't the wait for your father to be able to petition your brother, it's the wait time from him petitioning your brother to a visa actually becoming available to your brother - see the Visa Bulletin above for the F2A/F2B category wait times. So once your father gets his green card, he then applies for your brother, and they have to wait apart for the time it'll take for your brother to get his visa. 

 

You said earlier in the thread that your brother was under 16, so he could have been any age, I didn't know if he was a baby or really young. If your brother is 16 now, then he'll be 18/19 or possibly even a bit older (I believe Lagos has a long wait for an interview at the moment) by the time your father gets his visa, so perhaps your father will be happy to leave him then? It does mean that your brother will likely be F2B category though (over 21), which has an even longer wait, so that 4-5 years will become 8-9 years (these times are a VERY rough guide, nobody knows how the wait will change between now and then, it's only going on the current Visa Bulletin). But then (just to confuse things further and chuck another idea in to the mix), your father would potentially be able to get his citizenship and your brother's category would then be F1, which has a shorter wait than F2B. 

Edited January 5 by appleblossom

[visa3310 6]

ok got it, i meant to say he is 16 years

 

i see what you mean by 4-5 years now, makes sense

 

ok got great info from you all

 

thanks again!!!

Edited January 5 by visa3310