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Bringing a minor brother with my parents

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  • Bringing a minor brother with my parents

    I am a naturalized US citizen. I will be filing I-130 for my parents soon. I have a brother who is 17 years old and is now living with my parents abroad. Is is possible to bring my brother with my parents? Do I need to file I-130 for him too? I researched USCIS website and different other forums, and did not get anywhere. I did not find USCIS stating that parents cannot bring a minor child with them in this case. Different forums have conflicting information. Can you please post if any of you have knowledge about this? I will appreciate you help.

  • #2
    I am a naturalized US citizen. I will be filing I-130 for my parents soon. I have a brother who is 17 years old and is now living with my parents abroad. Is is possible to bring my brother with my parents? Do I need to file I-130 for him too? I researched USCIS website and different other forums, and did not get anywhere. I did not find USCIS stating that parents cannot bring a minor child with them in this case. Different forums have conflicting information. Can you please post if any of you have knowledge about this? I will appreciate you help.

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    • #3
      It does say on form I-130 under "Who may file form I-130" and when separate petitions for their under 21 and unmarried children are not required.

      Parents are "immediate relatives" for immigration purpose and that category does not allow for derivates (children, spouses (that's why you have to petition for each parent separately)).

      But, you, as US citizen, may directly file I-130 for your brother.

      If everything goes well, your parents may be able to immigrate within a year. However, siblings are in "family" category and have to wait for an immigrant visa number to become available. At the moment wait is 11-24 years depending on your brother's country of origin. There is no way if you petition your parents, for your brother to come with them.

      Once your parents arrive and become permanent residents, one of them can also petition for his/her unmarried son under 21... Wait is 5-10 years

      There are more things that will come into play as what will happen when your brother turns 21 (if a parent petition for him). It is just something to pay the attention to down the road...

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      • #4
        Apply for your Brother now.

        About a year before his visa number will be current apply for your Parents.

        That way they can all come together.

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        • #5
          thats not quite true, you can apply for your parent on one form and put all their names on it, if they dont ask you to pay for immigrant visa for the the three of them inquiry from the nvc on how to submit a I 824 form to bring the follow on or derivates as he calls them. try that first before you file a separate form for you brother which will take forever

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          • #6
            i seem to have spoken to my sister about the matter and she filed one I 130 for our father and mother and my little brothers name was on it too. when the aos came they only asked for one immigrant fee and all the other paper work they asked for was about the 3 of them. yet when the appointment letter and medical came only our mother name was on it, she is the primary applicant. she went to the consulate and she was the only one that got the immigrant visa but we contacted a lawyer and she said we could file the I 824 form and that would allow my dad and little brother to get the immigrant visa so you could try it that way first.

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            • #7
              The only problem with that is that there is no derivative for immediate family.

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mmiles:
                ... she went to the consulate and she was the only one that got the immigrant visa but we contacted a lawyer and she said we could file the I 824 form and that would allow my dad and little brother to get the immigrant visa so you could try it that way first. </div></BLOCKQUOTE>
                mmiles, if I got your story right (US citizen petitioned for mother and wanted to include father and brother as derivates) - it will not work with I-824!! Ask for the money back and then drop the lawyer! This is very basic and there should not be a mistake as such unless the lawyer has no idea about family immigration or wants to make some extra cash..

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                • #9
                  Weird immigration law. So, if a US citizen files I-130 for his/her sibling and once it gets approved, the sibling can bring her spouse, and her minor children all at the same time. But, when he/she files I-130 for parents, petitioner's minor sibling cannot come with parents. Minors are minors no matter who files I-130 for whom. What is wrong with the immigration law?

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                  • #10
                    it is not like parents of minors who happen to also have an USC adult child to sponsor them have to immigrate... it is a choice

                    parents, spouses and minor children of USC don't have to wait for years for an immigrant visa number but they can't bring their other children since siblings are not considered immediate family for immigration prupose
                    Everybody else (LPR's family, USC's siblings, adult children) have to wait for years (5-20) to be able to immigrate but in return they can also have their family included in petition..

                    Here is one more scenario for you: one parent immigrates, becomes LPR, files for spouse and child will be included.. In that case, one parent can stay with a minor child in home country while waiting for the process.

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                    • #11
                      my sister is the usc ans she filed for me also and when all this mix up happen i asked nvc about my petition and they wrote to say that my derivates would accompany the primary applicant to the usa it is weied. the consulate had ask my mom if she wanted my dad to come he could still go and she said no because she cant leave her small child alone

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                      • #12
                        Better to wait until their child is off their hands.

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                        • #13
                          Hi!!! I have the same case I wanted to know if I petition my parents can my minor brother (11 yrs.old) come with them too???

                          I need help!! my brother have a bad asthma so I want him to come with my parents too..

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                          • #14
                            Derivative immigration benefits for siblings are "not allowed" for Immediate Relative (IR) petitions for parents. Each Immediate Relative must have his/her own petition separately filed on his/her behalf.

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                            • #15
                              maybe somebody should contact that deity and ask him/her to 'make things right'...after all, that deity can do anything, right? Oops...maybe not.

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