ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 16

Thread: Bringing a minor brother with my parents

  1. #1
    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. #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.

  3. #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...

  4. #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.

  5. #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

  6. #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.

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

  8. #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..

  9. #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?

  10. #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.

Similar Threads

  1. HELP Bringing a minor brother with my parents
    By mmk in forum Immigration Discussion
    Replies: 3
    Last Post: 08-16-2010, 07:57 PM
  2. US Citizen petition for his/her minor brother
    By thatrussgirl in forum Immigration Discussion
    Replies: 2
    Last Post: 04-13-2007, 10:30 PM
  3. petitioning parents with minor sibling
    By lani129 in forum Immigration Discussion
    Replies: 9
    Last Post: 02-19-2007, 09:04 PM
  4. Help please..Need advice on bringing fincee's minor child to USA
    By tjv2000 in forum Immigration Discussion
    Replies: 3
    Last Post: 03-24-2006, 06:17 PM
  5. Bringing parents to the US
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 01-19-2003, 12:16 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: