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VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America

deliziahck8
i decided to join coz i called uscis a couple of times but i got different answers to those i talked to. its very frustating coz it takes me at least 20 to 30 minutes on hold to not getting the answer that i wanted, i know you have been in the same situations before. okay here are my questions and i have also included the answers given to me:

1. do i have to file for a seperate I-130 for my mom and my brother who is a minor (17 yrs old)?
answer 1: yes, you have to file I-130 for both of them and pay seperate fees.
answer 2: i think she could bring the son with her but you have to indicate that your brother will be accompanying her in the affidavit of support but you could check it in your US embassy or consulate in the Philippines if they will allow this.

if answer 2 is correct, then how do they do this, does my mom have to bring my brother in her interview? is there any other requirements for him to do like medical exam? and also what are the qualifications of the accompanying dependents of the principal immigrants? is illegible depended means not married and under the age of 21 or can my mom also bring with her my sister who is over 21 and is married, will she still be okay to join my mom? if there is a link specifically for this issue can you pls send it to me to, i have been searching this topic to uscis webpage but to no success.

if answer 1 is correct though, do you think if i will petition the two of them at the same time that they will get approved at the same time, they say parents are easy to get approved and sibling that are under 21 and are not married or should i just let my dad petition my brother when he gets his green card, will it be easier if it is an underage son, please give me your thoughts in this. thanks.
Boiler
2 is wrong, you file independent petitons for them, your brother will have a very long wait.

Usually it would be much quicker for one of your Parent to file for your Brother.
deliziahck8
QUOTE(Boiler @ Feb 21 2008, 12:44 PM) *
2 is wrong, you file independent petitons for them, your brother will have a very long wait.

Usually it would be much quicker for one of your Parent to file for your Brother.


hi boiler, my dad only has a permanent resident visa now and i know that he can already file a petition for my brother however i heard that that takes time as well? what are your thoughts on derivative beneficiary, it looks like that is the one the girl i spoken to in uscis is talking about (answer 2)? my dad and i are also trying to figure out if he can just use this to make my brother follow. heres the link i just read, let me know what your thougths are on this please, thanks.
http://books.google.com/books?id=S_lpadesM...wx2aVBnZLu9mMhE
jula
On the very next page it says:

Immediate relative: parents of US Citizen
.
.
and
.
.
Note: ... there are no derivate beneficiaries in the immediate relative category.

Meaning, if you petition for your parents, your brother can't be derivate beneficiary in that petition. As explained, you have to file for him seperately.

Parents may get a visa within a year when petitioned by US son/daughter.
For the siblings from Philipines petitioned by USC, the wait is about 21 years!
For child (under 21) in Philippines, petitioned by Permanent Resident parent, wait is 5 years,
http://travel.state.gov/visa/frvi/bulletin...letin_3953.html
Boiler
QUOTE(jula @ Feb 22 2008, 07:39 AM) *
On the very next page it says:

Immediate relative: parents of US Citizen
.
.
and
.
.
Note: ... there are no derivate beneficiaries in the immediate relative category.

Meaning, if you petition for your parents, your brother can't be derivate beneficiary in that petition. As explained, you have to file for him seperately.

Parents may get a visa within a year when petitioned by US son/daughter.
For the siblings from Philipines petitioned by USC, the wait is about 21 years!
For child (under 21) in Philippines, petitioned by Permanent Resident parent, wait is 5 years,
http://travel.state.gov/visa/frvi/bulletin...letin_3953.html


I agree with the above.
deliziahck8
thank you so much guys for being so helpful, now i understand, i got so confused.
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