USC petition for brother - Should I or Not?

[khai ko 0]

I hope to get some advice on this from this knowledgeable forum.

I am a USC and currently petitioning I-130 for my parents who are in my home country. My brother who is 16 lives with my parents. When I filed for my parents' I-130, I had thought of petitioning for my brother as well, but since it can take decades for a USC's brother's petition to approved, I dropped the idea. It will probably be faster if my parents, after they immigrate and naturalize as a US citizen, file for his I-130 petition (about ~6 years).

However, I do not like the idea of leaving him behind. I really want him to get his college education here in the US and be with the rest of the family.

If I go ahead and petition a I-130 for him now, will he have trouble getting a student visa if he applies in a year or two to study in the US? Will he have any option open at all to travel to US in the mean time (after I start his immigrant visa petition) or will he basically be stuck back home until his case is approved and a immigrant visa is issued to him, which may take about 10 years?

Thanks for any advice.

[Boiler 45,551]

I hope to get some advice on this from this knowledgeable forum.

I am a USC and currently petitioning I-130 for my parents who are in my home country. My brother who is 16 lives with my parents. When I filed for my parents' I-130, I had thought of petitioning for my brother as well, but since it can take decades for a USC's brother's petition to approved, I dropped the idea. It will probably be faster if my parents, after they immigrate and naturalize as a US citizen, file for his I-130 petition (about ~6 years).

However, I do not like the idea of leaving him behind. I really want him to get his college education here in the US and be with the rest of the family.

If I go ahead and petition a I-130 for him now, will he have trouble getting a student visa if he applies in a year or two to study in the US? Will he have any option open at all to travel to US in the mean time (after I start his immigrant visa petition) or will he basically be stuck back home until his case is approved and a immigrant visa is issued to him, which may take about 10 years?

Thanks for any advice.

F1 Student Visa is a non immirant visa.

Your biggest issue seems to be with his Parents and Sibling being in the US, what ties will he have to his own country?

Edited August 30, 2007 by Boiler

[Kez/JWolf 6]

Your brother would be very lucky to get a F1 visa, with your parents and yourself living in the US it would be seen as him having immigrant intent, which of course you have openly said he has on here.... it would be faster for your parents to file for him once they have their greencards....

Kez

[khai ko 0]

What seems to be the general impression of the wait time for US permanent residents to be able to bring their children into US? A few months? years? I understand the impression is that it can take decades for US citizens to bring siblings into the US.

I was also thinking of having him apply and get into a US high school/community college now while my parents I-130 is still under process. Do US high schools accept international students in grade 11? (He just completed grade 10 back home). Should he also look into community colleges to see if they can accept him?

Again, I appreciate any advice.

Your brother would be very lucky to get a F1 visa, with your parents and yourself living in the US it would be seen as him having immigrant intent, which of course you have openly said he has on here.... it would be faster for your parents to file for him once they have their greencards....

Kez

[Dakine 26]

http://travel.state.gov/visa/frvi/bulletin...letin_3258.html

This may help!

[sam11 0]

What seems to be the general impression of the wait time for US permanent residents to be able to bring their children into US? A few months? years? I understand the impression is that it can take decades for US citizens to bring siblings into the US.

I was also thinking of having him apply and get into a US high school/community college now while my parents I-130 is still under process. Do US high schools accept international students in grade 11? (He just completed grade 10 back home). Should he also look into community colleges to see if they can accept him?

Again, I appreciate any advice.

Your brother would be very lucky to get a F1 visa, with your parents and yourself living in the US it would be seen as him having immigrant intent, which of course you have openly said he has on here.... it would be faster for your parents to file for him once they have their greencards....

Kez

definitely have him apply for student visa before your parent's status changes to permanent residents. if you wait for after your parents become PRs then you might as well apply for his Green card. A student visa while your parents and you are in the US will be very difficult.

[khai ko 0]

What seems to be the general impression of the wait time for US permanent residents to be able to bring their children into US? A few months? years? I understand the impression is that it can take decades for US citizens to bring siblings into the US.

I was also thinking of having him apply and get into a US high school/community college now while my parents I-130 is still under process. Do US high schools accept international students in grade 11? (He just completed grade 10 back home). Should he also look into community colleges to see if they can accept him?

Again, I appreciate any advice.

Your brother would be very lucky to get a F1 visa, with your parents and yourself living in the US it would be seen as him having immigrant intent, which of course you have openly said he has on here.... it would be faster for your parents to file for him once they have their greencards....

Kez

definitely have him apply for student visa before your parent's status changes to permanent residents. if you wait for after your parents become PRs then you might as well apply for his Green card. A student visa while your parents and you are in the US will be very difficult.

I'll have him look into and apply for an F-1 visa. But I am also wondering, how long do you think it will take for his GC application to be approved if my parents apply for his GC once they enter the US as permanent residents?

I am a bit lost on the idea of 114,200 visas available to family based 2nd preference..What does this mean? Are only this many visas available for such categories every year? What does this mean in terms of the probability of someone receiving this visa in a certain year (say 2008, if applied in 2008)? How many months or years might it take for someone to actually receive an immigrant visa through this category?

[khai ko 0]

I am still a bit uncertain here. As I mentioned, he just finished grade 10 and if he applies for a F-1 visa (before my parents interview at the consulate) to continue his education in a US High School (Grade 11), I am under the impression that this will raise flag at the embassy since F-1 students do not usually apply for education in US high schools (rather undergraduate or graduate studies). This will likely make them look at his application thoroughly and will probably catch that his brother(myself) is a US citizen so he probably has "some" immigrant intent and that's probably why he's applying to high schools instead of waiting until college.

And worse (option 2) if he waits to finish grade 12 there and then applies for a F-1 visa, he will likely not be able to show ties to his home country since my parents will already have immigrated to the US.

What would be the best option here? Am I being too pessimistic about option 1? Should I stop worrying too much about it and give option 1 a shot anyway? Do you know anyone who has come to US under F-1 to attend high school here?