USC petitioning for parents and 9 year old brother.

J

jessicalizelle

Registered Users (C)
I am a USC (naturalized earlier this year) and would like to petition for my parents and their minor child (my 9 year old brother) to be Permanent Residents. My dad is turning sixty this year. They are from the Philippines but live and work right now in another foreign country (Bahrain). There, they have a mandatory retirement for those turning sixty working for the government.

I know I can petition for my parents no problem. No visa number needed. But the problem is how do I petition for my little brother? My parents were born in the Philippines and my little brother was born in Bahrain but he's still a citizen of the Philippines.

If I did it the "right" way and petition for my brother to be an immigrant, we're probably looking at atleast twenty years wait (being from the Philippines and all).

Because my parents would benefit from a green card without waiting for a number, my little brother will not be eligible for the follow-to-join benefits.

Leaving him with friends or relatives until my parents have their green card is not an option. I do not wish my brother to be separated from my parents.

I would greatly appreciate some feedback. Thanks.
 
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The fastest way is you sponsor your parents, and your parents sponsor your bro after they are naturalized. However they still need to be separated for a couple of years...

I can't think of anything else but adoption... but it sounds kinda weird for a bro to adopt a little bro :p
 
Adoption wont work

Adoption won't work because it involves spending two years with the adoptee (since the adoptee is not an orphan) and I can't leave the US for two years (I have two young kids and a husband who doesn't like long distance relationships :) ).

It will probably take about at least 6 months to process my parents LPR and they will have to be continuously residing in the United States for 5 years before becoming US citizens. By then, my brother will be 17 and 18! On top of that, first priority from Philippines will take a long, long time. Priority date right now is 22 August 1991.

If they petition for him after they become LPRs, he'll be a second preference and it will still be about four years wait since the priority date right now is 01 March 2002.

Nevertheless, that would still mean by 9 year old brother will be separated from my parents.
 
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jessicalizelle said:
Adoption won't work because it involves spending two years with the adoptee (since the adoptee is not an orphan) and I can't leave the US for two years (I have two young kids and a husband who doesn't like long distance relationships :) ).

It will probably take about at least 6 months to process my parents LPR and they will have to be continuously residing in the United States for 5 years before becoming US citizens. By then, my brother will be 17 and 18! On top of that, first priority from Philippines will take a long, long time. Priority date right now is 22 August 1991.

If they petition for him after they become LPRs, he'll be a second preference and it will still be about four years wait since the priority date right now is 01 March 2002.

Nevertheless, that would still mean by 8 year old brother will be separated from my parents.
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I know it sounds silly and it may not work, but what if you sponsor only one parent and the other one stays back in Philippines with your brother. The sponsored one can apply for your brother under the second preference, and by the time your brother is ready to come over you can sponsor the other parent?

I'repet, sounds crazy, but knowing a lot of Philippino people who live separated for long periods of time (my spouse is from Philippines) I thought it may be an option :)
 
Thanks Suzy977.

You're right about my other parent can sponsor the other one and my little brother will then be eligible for the "follow-to-join" clause.

I was hoping there was some loop hole in the follow to join rules. Or maybe a way to get a student visa for my brother to come here to a private school, and then have my parents immigrate. But then there are all these other problems with dual intent and getting their visas denied. My parents haven't lived in the Philippines for twenty five years so going back home to the Phils will be stretching it.
 
jessicalizelle said:
Thanks Suzy977.

You're right about my other parent can sponsor the other one and my little brother will then be eligible for the "follow-to-join" clause.

I was hoping there was some loop hole in the follow to join rules. Or maybe a way to get a student visa for my brother to come here to a private school, and then have my parents immigrate. But then there are all these other problems with dual intent and getting their visas denied. My parents haven't lived in the Philippines for twenty five years so going back home to the Phils will be stretching it.
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Don't rely on my advice, I don't know anything about "follow to join" rule, or to much about sponsoring family members for that matter.
My answer vas based only on the facts you provided here and I was playing with your information.

In fact my idea was a little bit different, the first parent with the Green Card petitions the kid, and after that, 4 years later, when the kid almost arrives here, you sponsor the second parent.
 
At the end in any case your brother will have to wait for several years. There is no loophole on the law for this matter.
The problem with follow to join, is ONLY if the permanent residency was NOT granted through a USC immediate relative. So in this case the follow to join won't apply.


Good luck,
 
visa

why not get your brother enrolled in school here, so he can come on a student visa... and then later when he is already in school, your parents can come and apply for green card?? just an idea!! i know that there are some private schools that sponsor student visas, so check around and see.
 
Just a suggestion, you can bring your brother on a humanitarian parole. I have a little brother myself whome I legaly adopted 2 years ago and he is here on a humanitarian parole and this year since we satisfy the 2 yr phisical custody I can submit I-130 for him. Getting humanitarian Parole is not an easy thing though, but you can renew it every year and your brother can go to school, live and work in the US indeffinately. You just have to renew his status every year, until he is eligible to adjust his status.
 
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Mike N. said:
Just a suggestion, you can bring your brother on a humanitarian parole. I have a little brother myself whome I legaly adopted 2 years ago and he is here on a humanitarian parole and this year since we satisfy the 2 yr phisical custody I can submit I-130 for him. Getting humanitarian Parole is not an easy thing though, but you can renew it every year and your brother can go to school, live and work in the US indeffinately. You just have to renew his status every year, until he is eligible to adjust his status.
Click to expand...

just curious, how could you adopt your brother? i am missing something...
 
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