Parents with Minor child

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Chaitanya75

New Member
I am a US Citizen and applying for my parents and also have 20 year old brother. I am trying to find out, how I can bring my brother to US with my parents. Do I need to file separate petition for each of them or one petition and also will my brother will able to join them since he is minor (Under 21).
 
You don’t need to file a separate petition for your brother. Check following link:

http://uscis.gov/graphics/howdoi/childproc.htm#benes

Chaitanya75 said:
I am a US Citizen and applying for my parents and also have 20 year old brother. I am trying to find out, how I can bring my brother to US with my parents. Do I need to file separate petition for each of them or one petition and also will my brother will able to join them since he is minor (Under 21).
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Have you checked the link I provided?

Please note that link is from USCIS website and according to USCIS, separate petition is not required.

S/He can submit one petition for a parent (Primary beneficiary, either father or mother) and remaining members will get immigration benefits as a dependent (of Primary beneficiary).


needurhelp said:
That's incorrect. One has to file separate petitions for parents and siblings since siblings have their own quota.

Brother can be one year old, still needs a separate petition
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usnycus said:
Have you checked the link I provided?

Please note that link is from USCIS website and according to USCIS, separate petition is not required.

S/He can submit one petition for a parent (Primary beneficiary, either father or mother) and remaining members will get immigration benefits as a dependent (of Primary beneficiary).
Click to expand...

I didn't have to as I know it for a fact. Since you insisted, I checked the link. Please read the paragraph carefully. I know you are trying to help but you need to be careful in doing so.

Beneficiaries Who Wish to Bring Children
How do I bring my children to the U.S. if I am the beneficiary of the petition? If your U.S. citizen parent, brother or sister is petitioning for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and/or children do not require a separate visa petition. If you are unmarried and 21 years of age or older, your children do not require a separate visa petition. In both cases, your spouse and/or children will be included in the visa petition your immediate relative is filing for you. If you are unmarried and under 21 years of age, you will need to file a petition for your children once you obtain lawful permanent resident status. See Following-to-Join Benefits.
 
usnycus said:
S/He can submit one petition for a parent (Primary beneficiary, either father or mother) and remaining members will get immigration benefits as a dependent (of Primary beneficiary).
Click to expand...

This does not apply for Immediate Relatives. Each Immediate Relative requires their own petition, if I recall correctly.
 
I agree that each immediate relative will need a separate petition if they are qualifying as a result of direct relation with USC. But what if they are seeking immigration benefits as a dependent of primary beneficiary, not as a primary?
 
usnycus said:
I agree that each immediate relative will need a separate petition if they are qualifying as a result of direct relation with USC. But what if they are seeking immigration benefits as a dependent of primary beneficiary, not as a primary?
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That's my point - when it comes to Immediate Relatives, there is no such thing as a dependent beneficiary.
 
Chaitanya75 said:
I am a US Citizen and applying for my parents and also have 20 year old brother. I am trying to find out, how I can bring my brother to US with my parents. Do I need to file separate petition for each of them or one petition and also will my brother will able to join them since he is minor (Under 21).
Click to expand...

Mr. Chai, I don't really the basis of your citizenship and the country you are coming from, but if your original immigration was based on asylum or refugee, and you are coming from preference countries, I would advice to you to go for the AOR(Affidavit of Relitionship) root. This root is very good, and less expensive. the waiting time is one year. and you can sponser you parents and siblings who are under 21 and your wife and children under 21. but as I have mentioned conditions apple.................Good luck.........
 
Thnaks for help

Thanks you all for your help. I am going to file I-824 to change in status as my parents are here and they could not bring my brother with them. So I do not know what I can do at this point. My parents can apply for my brother which still will take about 3 years for him but by the time my brother going to be 23 years old. So I am confuse what to do next.
 
pls help me

Chaitanya75 said:
Thanks you all for your help. I am going to file I-824 to change in status as my parents are here and they could not bring my brother with them. So I do not know what I can do at this point. My parents can apply for my brother which still will take about 3 years for him but by the time my brother going to be 23 years old. So I am confuse what to do next.
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is that fact final, i mean is that correct? pls. help me coz i am in the same situation. so you mean my sister who is under 21 yrs old cannot go with my parents when i petition them? your reply will be greatly appreciated..thanks
:confused:
 
Parents & Sister

I am in the same situtation. My wife became a U.S. citizen at the end of August. At the end of September we filed I-130 applications for her parents. Her sister is 20 years old, and is already in the US on a student F visa. We did not file I-130 for her sister because the 10 year+ waiting time is useless. We hope that when her parents interview at the embassy in their country, the sister can also join them. The form DS-230, which is the application form for an immigrant visa specifically asks about minor children who will be going also. This could just be an example of a form with multiple uses, but it would be pretty ridiculous if, for example, parents could not bring their 5 year old child with them.

Can anybody point me to the actual law on this topic?

Does anybody have real experience, one way or the other, of a sibling sponsoring their parents on Form I-130 and having another sibiling either given a green card or explicitly denied a visa?

Does the embassy have any discretion on this point? Can contacting a Congressman help?

Thanks in advance for all replies to this extremely unclear issue....
 
This topic has been discussed few times on this board.

the parents will get their GCs because they are immediate relatives of USC that is not subject to visa preference.

the siblings have to go through visa preference category through their GC parents or USC sibling no matter their ages are over 21 or under 21 because immediate relatives of USC cannot bring their children as derivatives.

If I recall correctly,The derivative status only applys to preference immigrants and asylum applicants because principle beneficiary has waited for visa number for years and K1's under-aged children (K2 status) when K1 marrys to a USC

The other poster asked what happens if beneficiary turns into 21 after his parent file I-130 under F2A
Assume your parents will file petition after they receive their GCs
The beneficiary category will automatically change to F2B (unmarried son or daughter of LPR) if parent stays as PR or notify USCIS to change category to F1 or F3 after the petitioner naturalizes in 5 years. The original priority date will be retained, but wait time will vary based upon beneficary's marital status and petitioner's immigration status.

Here is what the laws say: read first sentence carefully under follow to joint benfits:

Following-to-Join Benefits
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

Minor's (your sibling) relationship to an immediate relatives (your parents) of USC is not on the list
follow to joint benefits:

http://uscis.gov/graphics/howdoi/childproc.htm#following

Good luck
 
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Thanks

Thanks Familybased, that was helpful, but I was really hoping someone could point me to the law (statute and/or regulations) on this point, not simply the USCIS' interpretation of the rules in this area.

Something somewhere provides for the right of certain permanent residents to bring their kids with them, and I want to read what the law actually says about this.

Thanks
 
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