Hi,

I just became USC last week. I want to bring my parents and younger brother (currently is 20 years old) to the US.

1) what forms do I file for them or each of them?
2) Do I include my younger brother in the same application as my parents'???
3) About how long does it take for them to arrive in US from the date of application?

Please advise. Thank you very much.

1) Its all on the USCIS web site. And here.

2) No

3) Within a year for the parents, between 12 and 23 years for a sibling.

I heard about the "21 years old or older" sibblings rule...If sibbling is less than 21 years old, then that sibbling can come along with the parents who are being sponsored by a USC. If 21 years or older, then that sibbling has to stay and wait much longer (10 yrs).

Does this rule take the age of the sibbling at the I-130 application date or at the date of the US Embassy interview of the sibbling???

Thanks.

I thought siblings could not get derivative visa's.

I may be wrong.

newUSC,

Where did you hear this rule?

Yodrak

Sad to say but there is no "21 years or older siblings rule". Your brother is not entitled to derivative benefit from your parents even if he is less than 21 years old.

A child less than 21 years of age can only get derivative benefit if the parent is the beneficiary of a fiance or spouse visa.

Your brother qualifies as an F4 for family-sponsored visa and currently there is a 14-year wait for that.

I knew derivative visa worked in the past (4 yrs ago). My oldest brother sponsored for my family with parents and brothers/sisters. Then my parents and under-21-unmarried brother and sisters came to USA with my parents. The older and married sisters had the file separated into another file and they came to USA last year.

Don't know if this derivative visa still works...I'm asking lawyers for this info.

Now I’m confused. If your parents and unmarried brothers/sisters are already in the US after having been petitioned by your oldest brother, why would you be petitioning for them again?

Sorry for the confusion...

I'm posting this case for my wife who just became USC and wanted to sponsor her parents and younger brother...

Regarding "an older brother sponsored for his parents and sibblings...then parents and sibblings under 21 and unmarried accompanied the parents, it was my older brother and the case was about 8 yrs ago"...

Since I'm not so sure whether this "derivative" still holds, I came here to ask info for my wife.

Sorry...but I still need the info. thanks.

I do not know what the timelines were 8 years ago, amy have been much shorter for siblings.

Or the regulations may not have been the same, but now they would not derivative status.

hello i want to post my question here since its relevant topic...how many years the process if the USC petition the parents? and where to start?

Up to a year, www.uscis.gov.

I believe the shortest way to bring your brother to the US would be for your parents to file for him once they are 'Permanent Residents'. It will take approx 6 years. You can find more information on the Yahoo site which has an immigration lawyer giving free advice.



The link you want is www.yahoo.com/groups/immigration_info

Sorry - I gave you the wrong link - here is the correct one:
http://groups.yahoo.com/group/immigration_info/

Since the brother will be over 21 before the priority date, he would fall into the 2B preference category if the parents petition for him once they are LPRs. The current priority date for 2B is 1 AUG 96 ( a little less than 10 years). The priority date for brothers and sisters of USCs is 1 MAR 95 ( a little more than 11 years). With the time it will take to sponsor the parents and for them to get LPR status, I doubt it will save any time to wait for them to sponsor him. The 6 year timeframe would only be valid if he were under 21 when the priority date arrived.

Hi,

Thanks for all the info...

I asked an immigration lawyer and were told that my wife, a new USC, should apply for her brother at the same time as her parents...then when her parents become LPR, they can also apply for their son...And he will go to USA with the file which processes faster at the time...

The lawyer mentioned that it would take roughly about the same number of years for my wife to choose either way to apply for her brother: by her or by her parents once they become LPR.

However, the lawyer emphasized that the brother must stay un-married throughout the processing time if sponsored by the parents while he does not have to if sponsored by her sister (my wife) -> Conclusion: my wife already prepared sponsoring paperworks for him along with her parents.

Thanks again.

your parents can apply for him after they get their GC.

My brother is 13-years-old. My plan is get him a student visa while he waits for the Green card.

A student visa requires non immigrant intent.

It depends, my brother is going to attend elementary school (private); consequently he will have to live in U.S.
It is the only thing I can do, once he is very young and the law does not give me any other options.

He does not have to live in the US to go to elementary school.

First get your visa.

well, I want he living with me. and Yes, first I will get his visa.

Start with I-130

It took almost 2 and half years for my x when she filed for her mom from the philippines.

Doesnt matter if you want him living with you. It matters what the USCIS thinks which unfortunately knows that their are often very good elementary schools even in other countries