Getting my brother the same time with my mom.

#1
Hi, im a u.s citizen and im about to file Form I-130 for my mom, i called uscis about my brother hes 17 years old and she said if i file form I-130 for him too it will take 91/2 years for him to get here which is that so long. She said i can put my brother as a dependent on my mom Form I-130 but i do not know where to put it on there? And what is the easiest way for me to get both of them at the same time here? I cant leave my brother alone in the philippines. Can anyone help me please? Thankyou so much!
 

SusieQQQ

Well-Known Member
#2
It can’t be done unfortunately. You will be sponsoring your mom in the immediate relative (IR) category, and there are no derivatives allowed in that category. So the only way to do it is as you describe, your mom arrives then files for him under F2A. However it won’t take nearly as long as you think, F2A is 2 years not 9.5. If he cannot be left alone at this age, then you will need to delay the process of bringing your mom over until he is old enough to wait alone there. However if she sponsors him once he is over 21 then that is F2B category and then the wait time does indeed go up to over 9 years.
 
#3
It can’t be done unfortunately. You will be sponsoring your mom in the immediate relative (IR) category, and there are no derivatives allowed in that category. So the only way to do it is as you describe, your mom arrives then files for him under F2A. However it won’t take nearly as long as you think, F2A is 2 years not 9.5. If he cannot be left alone at this age, then you will need to delay the process of bringing your mom over until he is old enough to wait alone there. However if she sponsors him once he is over 21 then that is F2B category and then the wait time does indeed go up to over 9 years.
Is there easiest way to get him here? I just gave birth 4 months ago and i want to get my mom here as soon as posible so she can watch the baby while me and my husband work. Do you think how many months the process will take? And maybe my mom can get him over here as soon as my mom gets here so it will not take ao long.
 

SusieQQQ

Well-Known Member
#4
That’s the only legal way. He’s too young and too unqualified for a work visa and he’d never be granted a student visa because he would have clear immigrant intent.
 

SusieQQQ

Well-Known Member
#5
By the way it will take at least a year for your mother to actually get here even if you file right now, so you’re going to need to make other childcare arrangements.
 

1AurCitizen

Registered Users (C)
#6
Takes more than 9.5 years to get the brother into the US. Mom can sponsor her son (your brother) only after she's a green card holder. Immigration unfortunately is neither fast nor easy, as you I'm sure you realized with your own journey.

As Susie noted above, you will have to make alternative arrangements for childcare. A lot of folks have to balance difficult choices between work and caring for children.
 

newacct

Well-Known Member
#7
Maybe your mom can apply for a Re-entry Permit immediately upon reaching the US, and she can leave after doing biometrics; that way she does not have to be away from your brother for more than a few weeks. And a Re-entry Permit will allow her to stay abroad for 2 years (though she still has to maintain residence in the US), which should be about enough to last until your brother can get an immigrant visa in the F2A category (if your mom files the petition immediately upon reaching the US).
 

SusieQQQ

Well-Known Member
#8
The re-entry permit is indeed a good solution to not leaving the brother behind.
Not a solution for the low cost childcare issue for OP however.
 

whitemimauz3

Registered Users (C)
#9
Is it not in family based petitions, I-130 beneficiary's derivatives ages gets locked & and eligible to get visa under CSPA along with I-130 beneficiary
 

SusieQQQ

Well-Known Member
#10
Is it not in family based petitions, I-130 beneficiary's derivatives ages gets locked & and eligible to get visa under CSPA along with I-130 beneficiary
Only for categories where derivative beneficiaries are allowed, this is not the case for IR categories. (Parent is category IR5.) No derivatives, the brother has to have a separate petition filed.
(CSPA is also not as simple as “age locked” but as it is irrelevant here I’m not going to derail thread with full explanation)
 

whitemimauz3

Registered Users (C)
#11
At this time petitioner has no choice but to file only for his MOM, but cannot file sibling petition as his brother is only 17 years. His only choice is to include in his mother's I-130 as dependent son.
 

SusieQQQ

Well-Known Member
#12
At this time petitioner has no choice but to file only for his MOM, but cannot file sibling petition as his brother is only 17 years. His only choice is to include in his mother's I-130 as dependent son.
Again - OP cannot include her brother as a dependent/derivative on the mother’s I130. Mother is IR5. IR categories do not allow derivative beneficiaries. The mother first has to get a green card and then file for son under F2A.
Also there is nothing in law to stop OP filing for sibling petition for brother but it’s pointless as it is an approx 24-year wait for Filipinos.
 

newacct

Well-Known Member
#16
So mother has to petition once she has green card OR when his brother is of age 21 he can do sibling petition.
The petitioner of a sibling petition (the OP) must be at least 21, but we already know that the OP is at least 21 as they must be at least 21 to petition a parent in the first place. The beneficiary of a sibling petition can be any age.
 
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