NEED ADVICE ASAP! Applying for parents and minor brother

[saman_der]

I am a US Citizen and want to sponsor my parents, the only question is what to do about my 12 year old brother. I have heard that derivative children of parents do NOT get greencard automatically when the parents get it. Is that true?

If so, then I know applying for my minor brother under the Sister/brother category would take too long and it would be quicker for my parents to apply for him after they get their GreenCard. Unfortunately there is no one he can stay with while my parents come here for their Green Card/Permanent Residency. He has a 5 year tourist visa but is there a way that he can stay in the USA while they come to live here after they get their Green Card and apply for him?

I would appreciate all the help/advice that I can get.

Thanks

Saman_der

[bb_5555]

I believe you can put him as part of the application for your parents since he is still a minor. This would be a lot more of a hassle if he was an adult.

[saman_der]

Really? That is great news. Thanks for your help.

[Jane Green]

Sorry to disappoint you, but you cannot include your brother into your parents’ application.
It is only if your brother was old enough and married then you could include his family (his wife and children ) in his application.
For now you have to file three separate applications – one for each parent and one for your brother, and pay appropriate fees for each of them.
Go to official uscis.gov website. They have detailed explanation of the process.

[bb_5555]

I am sorry I will have to disagree with you there

the brother is a minor.

you can just tack him on to the parents application.

you do not have to apply separately for minors

[saman_der]

How would I attach my brother to the application? Do I send in a letter with it informing the immigration people that there is a minor with the parents?

[bb_5555]

on the i-130 you first put one of your parents on the first page then you list the other parent and any other children on that second page.

for the I-485 you may have to call INS to get the specifics

[Jane Green]

bb_5555,
did you read the instruction to I-130??

Here is the link to I-130 instructions : http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf
This is what is written there on the Page 1:

1. Who May File?
A citizen or lawful permanent resident of the United States
may file this form with the U.S. Citizenship and Immigration
Services (USCIS) to establish a relationship to certain alien
relatives who wish to immigrate to the United States.
You must file a separate form for each eligible relative.

2. For Whom May You File?
A. If you are a citizen, you may file this form for:
1) Your husband, wife or unmarried child under 21 years
old;
2) Your parent if you are at least 21 years old;
3) Your unmarried son or daughter over 21 years old;
4) Your married son or daughter of any age;
5) Your brother or sister if you are at least 21 years old.

NOTE:
If your relative qualifies under paragraph A(3), A(4) or
A(5) above, separate petitions are not required for his or her
husband or wife or unmarried children under 21 years of
The persons described above under this NOTE will be
apply for an immigrant visa along with your relative.

The parent is qualifies under the paragraph A(2). Therefore his/her dependants cannot be included in the same application.

saman_der,
You must file three separate applications: one for your mom, one for your dad and one for your brother. And you have to pay $185 for each.

Or – you can listen to the “better” advice. Put all your relatives into one application, save some money,
send it to INS and see what happens….

[amishah]

Well my story is little diff but can come in this category.
After I will become a citizen, I am going to file for my brother and sister. They are married and have minor kids. I am going to put the kids and the spouses of my brother and sister on the same application. I am going to file seperate application for my brother and sister.
So if I can include my brother's kids in to the application, a parent can not add their minor kids??
This is just a thought. I am not aware of any more info.

[TheRealCanadian]

Originally Posted by amishah

So if I can include my brother's kids in to the application, a parent can not add their minor kids?? This is just a thought. I am not aware of any more info.

I did some reading; it looks like the spouse and minor children of immediate relatives are not entitled to derivative status.

[amishah]

Thanks.
But this is the way we I came here. My aunt filed for my mom and me and my dad got GC as a derivative. I am not sure what forms did she filed back then.
Anyone know anything on that. My heart is sinking...

[TheRealCanadian]

Originally Posted by amishah

My aunt filed for my mom and me and my dad got GC as a derivative. I am not sure what forms did she filed back then. Anyone know anything on that.

That makes perfect sense, since your aunt filed for her sister. Siblings are not immediate relatives.

[amishah]

Oh ya. They count only spouse, childrens and parent as immidiate relatives.
Am I right?

[TheRealCanadian]

Originally Posted by amishah

Oh ya. They count only spouse, childrens and parent as immidiate relatives.

Children over 21 are certainly not considered immediate relatives; they fall under FB1 and FB3. Don't know how minors are treated.

[saman_der]

Originally Posted by Jane Green

bb_5555,
did you read the instruction to I-130??............

saman_der,
You must file three separate applications: one for your mom, one for your dad and one for your brother. And you have to pay $185 for each.

Or – you can listen to the “better” advice. Put all your relatives into one application, save some money,
send it to INS and see what happens….

That is exactly my point. I read that before I posted the message on the board. I called up the INS and they said that it depends on the Interviewer whether they give it to parent's minor children or not, but then the person said something completely conflicting before that.

I spoke to two people in a law firm and one said you could while the other said you couldn't.

I know for a fact that you have to apply for each parent separately. Money is not the issue here, its how to get my 12 year old brother to come to the USA. For me to apply for him would take 12 to 15 years which is too long, it would be faster for my parents to apply for him after they get their GC, but they cannot leave him on his own outside of the USA. Is there a way to get him to come to the USA and stay other than applying for an I-20 for him (cuz then I'd have to do that and get it before I apply for my parent's GC but then he'd have to live here without my parents and the whole issue is for him to stay with them)?

Groan...my head is spinning!!! Why is the law so complicated?

[Jane Green]

saman_der, Hi!

Since I am not an attorney I am free to give you an advice that contradicts with the current immigration law.
You mentioned that your brother has a 5 years tourist visa. Right?
Many people come to US with a tourist visa and apply for an immigration.
Sometimes, people apply even after their visas expired and they still get the benefits.
I am one of those people and there are many others, even on this message board.
Why don’t you apply for your parents only, bring your brother here on his tourist visa and let him stay here, in US, with his parents? You don’t need a SS for a child to enroll in a public school.
All they ask is a child’s ID (passport) and a valid address in US.
Since your parents are immediate relatives of U.S. citizen, you won’t have to wait for an immigrant visa number for them, they will get their GCs relatively fast and will be applying for your brother right way.
Hopefully it will happen before his visa expires, but even if after- he’ll still get adjusted.
Family Second Preference (F2 - minor children of lawful permanent residents) is moving faster then (F4 – brothers of US citizens) as I’m sure you are aware of it. With any luck, by the time your brother is out of high school he’ll have his SS and EAD or, even better – GC.

[TheRealCanadian]

Originally Posted by Jane Green

Since I am not an attorney I am free to give you an advice that contradicts with the current immigration law.

Provided it's good advice.

Sometimes, people apply even after their visas expired and they still get the benefits... Why don’t you apply for your parents only, bring your brother here on his tourist visa and let him stay here, in US, with his parents?

There's a number of serious flaws with your "advice".

First, I'm curious how the brother is going to be admitted to the US, since his parents have immigrant petitions filed for them and his other sibling is a US citizen. If the POE inspector does any digging, he might deny entry to the US and recommend that DOS cancel the visa.

Second, if he comes he'll get an I-94 that expires after six months. He might get another six months based on an extension, but after that, he's done. 180 days after the I-94 expires, he's subject to the 3-year bar. After another 180 days, the 10-year bar.

Once his parents become citizens, they can sponsor him. However, I don't know if he is an immediate relative (he certainly won't be after he's 21). If not, then his out of status period will prevent him from adjusting status, and his 10-year-bar will prevent CP.

Family Second Preference (F2 - minor children of lawful permanent residents) is moving faster then (F4 – brothers of US citizens) as I’m sure you are aware of it. With any luck, by the time your brother is out of high school he’ll have his SS and EAD or, even better – GC.

Again, how do you get out of the fact he'll have overstayed by several years with no waiver?

[Jane Green]

TheRealCanadian, Hi!
I never said my advice was good or legal.
Samand_er and everybody else can just ignore and forget it.
I see that Samand_er already researched this topic, he spoke to two people in a law firm and he called INS. Seems like he is stuck. And I just answered his question as I though I would do if I were in his shoes.
But you know what? I was. I overstayed my tourist visa for more then three years and nothing bad happened to me. As soon as my immediate relative applied for me, my overstay was forgiven and I was able to leave and return to US without problems.
The catch is to forget about traveling for as long as you remain illegal, so you won’t have to worry about those 3 and 10 years bars.
Samand_er’s parents are immediate relatives. They will get their GCs whiting two to three years, or sooner. It depends on whatever office he applies too.
If his little brother can postpone traveling outside US until his documents are in order he’ll be fine. His parents don’t have to wait until they are citizens to apply for their child. They can apply right after they get GC. He’s 12 now and he’ll still be under 21 by the time parents become LPR (of course providing Samand applies for them soon). But even if the child is older then 21 it won’t matter.
Read here http://uscis.gov/graphics/services/residency/family.htm
under eligibility for LPR is says:

If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
o Husband or wife; or
o Unmarried son or daughter of any age.

Oh, to your first question “how will he get admitted to US?”
For me the harder part was to get that visa. I was denied several times because I have a relative here. But when I finally got it – no POE did any digging.
Other parents I know came here first and then their child arrived alone later. You’ll have to pay extra fee to the airline to accompany the minor. His brother already has a visa and maybe he would be better to come here first alone, ahead of his parents. But this is just my opinion.

Regards,

JG

[TheRealCanadian]

Originally Posted by Jane Green

TBut you know what? I was. I overstayed my tourist visa for more then three years and nothing bad happened to me. As soon as my immediate relative applied for me, my overstay was forgiven and I was able to leave and return to US without problems.

Emphasis mine. You were sponsored by an immediate relative. Because of that, all overstays are forgiven.

His parents don’t have to wait until they are citizens to apply for their child. They can apply right after they get GC. He’s 12 now and he’ll still be under 21 by the time parents become LPR (of course providing Samand applies for them soon). But even if the child is older then 21 it won’t matter.

I don't dispute the fact that the parents can sponsor the brother for a GC, the problem we run into is that if they do so as LPRs, he falls under FB2. If he turns 21 and they are citizens, he's FB1 or FB3. Either way, the overstay will not be forgiven since we're filing under an FB, not IR, immigrant visa category. So while the parents can sponsor, he cannot adjust status and leaving the US for CP will trigger the 3/10 year bars.

The only thing I thought of last night was that if the parents became US citizens before the brother turned 18, I think they could sponsor him under IR-2, which might forgive the overstay. Ugly, though.

[mukesh75]

saman_der

Do u have any update about the process. I am in the same boat as for bringing my brother who is under age of 21. Please update the post

[yulka11]

Hi, I have the same problem, but I didn't know when I applied for my parents that you have to apply for minor child a separate case. Well, my parents already have an interview day on 21 of this month, without my brother. They called to American Conculate and they told them that they (parents) should go for interview and live in 6 month and live my brother there until he'll gets his visa, which takes 12 years I spoke with a lawyer, he said that I have to apply for my brother as soon as posible and call to local Senator because they can speed up a process. I called Senator and they said that they know about this rediculous law and there is nothing what they can do. Even if it's a infant he/ she have to wait that long.
So, that is my story.
Tomorow I'm going to call a different lawyer again and already have an appointment with immigration officer on Wednesday.
I'll let you know how it went, hope it'll help.

[saman_der]

After listening to all these lawyers giving conflicting advice, I called the USCIS Customer Service Center and asked them as they would know best. They said to apply for parents but not for my brother because that would take years. In the form there is a list of all children and spouse of beneficiary in which the USCIS person said that my brother would be listed and whoever processes the forms always checks.

Then at time of interview, my parents need to bring him and all his supporting documents/passport along with theirs and have him sit outside while they are interviewed. During the interview they can bring up the topic. The USCIS person said that tey should give it to him as long as he is under 18 or 21 years of age. Actually he said it depends on the country where the interview is held. Typically they give it to the petitioner's brother/sister at the same time but if they don't and a new petition needs to be filed, then it takes around 6 months. Either way it is alot faster than my applying for him as a sibling.

I hope this helps.

[yulka11]

Well...
My parents had an interview on June 21. My mom even sneaked my brother to American Consulate for interview without any paper work for him. The interviewer (consular) was really amazed. You know what mom can do for their children.
Any way, my parents have visas in their passports now, but not my 14 years old brother. More over, they have to live a country in 6 month that would be a December. So the consular said that the only way is, one of my parents should come here to US, receive a Green Card and then file a petition for a child then a hire a lawyer to speed up a process. Meanwhile I was doing my job. One of lawyers told me that I should work with Catholic community and try to do something through religion. So, I went to Catholic center and they give a list of private schools that work with foreign students and if school is willing to accept him they have to file I-20 Form. I even found a school but, my mom asked a consular if it is possible for him to get a student visa and he said NO, because when my brother will go for interview they will immediately see that his parents are in a computer with permanent residents. He’ll be rejected in student visa.
Today I spoke with another lawyer he told me that he can think of some ways to bring my brother here, but I have to tell him if I want to work with him and then he can tell me what he can do, as soon as I’ll say I want to work with you he’ll charge me $180 an hour.
If you have anything new please let me know.

[detg]

I am a US citizen and applied for a green card for my mother(I-130 and I-485) in the ist week of June.

Any idea what the processing time is for these petitions.

Also, my mother is currently in the US, but her I-94 expires in the middle of july. Does filing for I-485 automatically grant a parent to reside past the I-94 date. If not, what petition should I file to extend my mother's stay

[familybased]

I have a friend who is a green card holder and his wife is waiting F2A (spouse of permanent resident) to become current. Their son was born after he filed the immigration petition for his wife. Is their child eligible for Follow to Joint to receive his green card when the mother’s priority date becomes current or Does the my friend have to file another immigration petition for his child which will put their new born son under F2A? Thanks