Petitioning mother and minor brothers

M

mouneim

Member
I am a naturalized US citizen. I will be filing I-130 for my parents soon. I have two brothers , 17 years old and 8 Years Old and are now living with my parents abroad.
1- Is is possible to bring my brothers with my parents? or Do I need to file I-130 for them too?
2-how long it takes for both scenarios?
3- any idea what will happen if the older brother becomes over 21 while waiting for interview?
4- i heard about a way to petition brothers through i-824, any body has an idea?
Can you please post if any of you have knowledge about this? I will appreciate your help.
Thank you
 
1. No. They cannot immigrate with your parents. Parent is in the Immediate Relative Category, which cannot have derivative beneficiaries.

If you petition them directly, they will be in the F4 category (siblings) which currently has a wait of about 12.5 years for most countries, longer for Mexico and Philippines.

However, there is a faster way. Once one of your parents becomes a permanent resident, your parent can immediately petition for them as children of a permanent resident if your brothers are not married, which is F2A category (if unmarried under 21) or F2B category (if unmarried over 21). The wait in F2A is currently 1-2 years, so it is likely that both your brothers will not age out. During this wait, your brothers can't be in the U.S. unless they have a valid status, which they probably won't have. So your parents will probably have to stay outside the U.S. during this 1-2 years to accompany them, so your parents should apply for a re-entry permit that allows them to stay outside the U.S. for more than a year (and also to maintain residence and file taxes in the U.S. so they are not regarded as abandoning residence).
 
Many thanks
In case mother fills for her children. She should make two applications or only One I130 containing two children under 21 years?
 
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