I-130 for parents and siblings

[freedomland]

Hi,

I am going to take citizenship exam next year 2010 and I have questions about filing I-130 for my family.

- My brother is 20 years old but he will be 21 in 2010 december. My citizenship exam date will be around in febuary. So do you think he can make it? How long does it take to get my parents i-130 approved?

- I have a sister who is married. how do I file I-130 for her husband?

Thanks!

[LucyMO]

your brother is not making it anywhere. It takes about 12-14 years for a sibling of a US citizen to get an immigrant visa, and it doesn't depend on the sibling's age. He cannot be a derivative of your parents' petition either.

you file 1 petition for your sister, and fill the information about her husband in it. There is no separate petition for derivative in-laws.

[freedomland]

My brother is under 21 and I thought he could apply as dependent under my parents ????

[popeyesailor]

LucyMO you are not correct entirely.

It is true that his brother can not be included in his Parents' petition as a derivative. Immediate Relative category does not allow derivative status.

However, once his parents get their Green Card (after petition is approved and they adjust status or go through cousular processing), and if his brother is still under-21 at the time the parents become permanent residents:
1. his parents can petition for his brother as a child of an LPR i.e. F2A category
2. This category has a wait time of 3-4 years
3. even if his brother is 25 years old when his priority date is current (in lets say 5 years time) the petiton may still be approved under CSPA (Child Status Protection Act)

If #3 is inapplicable, if and when his parents become US citizens (best case, 5 years from GC), his brother will be upgraded to the F1 category . At that point F1 priority date will probably be close to current.

I would suggest you try whatever you can to speed up your citizenship approval and your parents green card application after that. Maybe even go to the local USCIS office and talk to someone (you can get an appointment online). It has a slim chance of working, but it is possible.

I am not a lawyer, so, don't take this as legal advice. But I was in similar situation as the OP. Unfortunately my parents GC and my citizenship process could not be completed in time.

My parents are now going to get LPR. They will then apply for my brother under F2B category. It will be upgraded to F1 in 5 years when my parents become US citizens. So, my brother will hopefully have a 6-7 year wait.

[Triple Citizen]

No depedent beneficiaries for immediate relatives. Parents of US citizens are immediate relatives.

Originally Posted by freedomland

My brother is under 21 and I thought he could apply as dependent under my parents ????

[AmyNYC]

Children Who Are About To Reach 21 Years Of Age


Appointment NVC Processing

Page 1 2 3 4 5 6 7

Important Information

If the applicant has children who intend to immigrate with the applicant to the United States, or to join the applicant in the United States at a later date, please read this important information. In order to immigrate with the applicant to the United States, or to follow the applicant at a later date, the applicant's children must be:

Unmarried
Eligible to be listed under the applicant's visa classification, and
Under the age of 21 at the time they enter the United States
Note: Children of mothers, fathers or spouses of United States citizens, must have separate immigrant visa petitions filed on their behalf.

Children who will turn 21 within 60 days

If any of the applicant’s children will turn 21 within 60 days, please contact the National Visa Center immediately.

Note : If visas will be available in the applicant’s category prior to the applicant’s son or daughter’s birthday, we will expedite processing of the applicant’s case in order to ensure that the applicant’s son or daughter will be able to immigrate with the applicant. Unfortunately, we cannot assist the applicant if visas are not available in the applicant’s category prior to the applicant’s son or daughter’s birthday.

Failure to notify NVC

Failure to notify NVC that the applicant have a child who will turn 21 could result in that child being above the legal age at the time the applicant’s visa is issued. In that event, the applicant will be required to file a separate petition for the applicant’s child after the applicant immigrate, and the applicant’s son or daughter will face a waiting period before he or she will be eligible for visa processing.


THE WEBSITE IS TRAVEL.STATE.GOV

[TheRealCanadian]

Please stop.

[AmyNYC]

Are you talking to me because if you do STOP.I am just trying to help people and mind your own business if you don't have anything else to say.

[TheRealCanadian]

Originally Posted by AmyNYC

Are you talking to me because if you do STOP.I am just trying to help people and mind your own business if you don't have anything else to say.

You don't help people by posting information that has no bearing to their case.

[AmyNYC]

You don't know that, it might help to some people.And first of all I didn't join this site to waist my time with you I have better stuff to do then talk to you.SO BYE.

[Triple Citizen]

vex% echo "waist" | sed s/ist/ste/g
waste
vex%

Originally Posted by AmyNYC

waist

[AmyNYC]

Sorry but you know I am imigrant and I think I am pretty good with English for being in USA for 3 years.AND IF YOU DIDN'T NOTICE A LOT OF PEOPLE WHO LIVE IN USA FOR YEARS DON'T EVEN KNOW HOW TO SPELL.SO SHUT UP PLEASE.

Originally Posted by Triple Citizen

vex% echo "waist" | sed s/ist/ste/g
waste
vex%

[bestpal]

Originally Posted by AmyNYC

Sorry but you know I am imigrant and I think I am pretty good with English for being in USA for 3 years.AND IF YOU DIDN'T NOTICE A LOT OF PEOPLE WHO LIVE IN USA FOR YEARS DON'T EVEN KNOW HOW TO SPELL.SO SHUT UP PLEASE.

yeah...pretty good in english...you are sure 'waisting" ppl's time here. You post will not help the op but only will wast his time to follow your advice.

[Vishnu Mahadev]

Originally Posted by AmyNYC

You don't know that, it might help to some people.And first of all I didn't join this site to waist my time with you I have better stuff to do then talk to you.SO BYE.

Irrelevant information is an objective assessment. If provider feels the information is relevant then s/he should point how it is and move on.

[freedomland]

Thank you all for answering my questions.