Bringing Mom with minor brothers

[vanyarica 0]

I am still in the process of filing my US citizenship. Once it is approved. I wanna file a petition for my Mom to live with me for good. But my concern is , I still have minor brothers, 10 and 12 yrs old. Can my Mom bring them with her once she get her visa? Hope someone could help me. I would greatly appreciate to find answers. Thank you in advance!

[Mononoke28 134]

No she can't. She will be an immediate relative of a US citizen and not have to wait for a visa number, so she'll be here fairly quickly. Your brothers, even though they're still minors, will not be considered immediate relatives and their petitions will take more than 10 years to process. I actually read somewhere that for the Philippines it can take up to 20 years.

Diana

Edited August 13, 2008 by Mononoke28

[aaron2020 11,651]

A US citizen (USC) can petition for his parents as Immediate Relatives (IR). There is no derivative beneficiaries; meaning the parents cannot bring anyone else with them to the US. You, the USC, would have to petition for brothers in the F4 category which takes over 20 years from the Philippines.

One possibility is for you to adopt your brothers. They would be your children. Just a crazy idea. I don't know if this would even work. Talk to a lawyer.

Best of luck.

[Boiler 43,634]

A US citizen (USC) can petition for his parents as Immediate Relatives (IR). There is no derivative beneficiaries; meaning the parents cannot bring anyone else with them to the US. You, the USC, would have to petition for brothers in the F4 category which takes over 20 years from the Philippines.

One possibility is for you to adopt your brothers. They would be your children. Just a crazy idea. I don't know if this would even work. Talk to a lawyer.

Best of luck.

Adopting would not work.

Mother can petion for them when she has GC, but best bet is for you to wait until they can look after themselves.

[vanyarica 0]

I just called the USCIS today to verify if my mom could take my younger brothers. They said my Mom needs to inform the consular officer if she could take them with her, now, its up to the consul if he/she would grant visa for my younger brothers.

[vanyarica 0]

I just called the USCIS today to verify if my mom could take my younger brothers. The first time I called they said my Mom needs to inform the consular officer at the time of her interview,if she could take them with her, now, its up to the consul if he/she would grant visa for my younger brothers.It's a matter of luck .. i guess! On the contrary when I called back the second time, just to make sure that I was given the correct information. They give me a completely different answer. Now I am confused . Dont know what to do.Anyone who could help me??

[Dakine 26]

Try this link!

http://travel.state.gov/visa/frvi/bulletin...letin_4328.html

Still confusing !!

[Boiler 43,634]

I just called the USCIS today to verify if my mom could take my younger brothers. The first time I called they said my Mom needs to inform the consular officer at the time of her interview,if she could take them with her, now, its up to the consul if he/she would grant visa for my younger brothers.It's a matter of luck .. i guess! On the contrary when I called back the second time, just to make sure that I was given the correct information. They give me a completely different answer. Now I am confused . Dont know what to do.Anyone who could help me??

You talked to a a lowly paid telephone answerer reading from a script.

Not called the Misinformation line for nothing.

They are not eligible for an Immigrant Visa until their number is current, unlike a Parent whose number immediately becomes available.

[aaron2020 11,651]

A parent, petitioned by a US citizen child, cannot bring any of his/her other children to the US. You must file separate I-130s for your mom and brothers.

Here is the Law - 8 CFR Sec. 204.2(f). See 204.2(f)(4).

Petition for a parent—(1) Eligibility. Only a United States citizen who is twenty-one years of age or older may file a petition on behalf of a parent for classification under section 201(B) of the Act.

(2) Evidence to support a petition for a parent. In addition to evidence of United States citizenship as listed in §204.1(g) of this part, the petitioner must also provide evidence of the claimed relationship.

(i) Primary evidence if petitioner is a legitimate son or daughter. If a petition is submitted on behalf of the mother, the birth certificate of the petitioner showing the mother's name must accompany the petition. If the mother's name on the birth certificate is different from her name as reflected in the petition, evidence of the name change must also be submitted. If a petition is submitted on behalf of the father, the birth certificate of the petitioner, a marriage certificate of the parents, and proof of legal termination of the parents' prior marriages, if any, issued by civil authorities must accompany the petition. If the father's name on the birth certificate has been legally changed, evidence of the name change must also accompany the petition.

(ii) Primary evidence if petitioner is a legitimated son or daughter. A child can be legitimated through the marriage of his or her natural parents, by the laws of the country or state of the child's residence or domicile, or by the laws of the country or state of the father's residence or domicile. If the legitimation is based on the natural parent's marriage, such marriage must have taken place while the child was under the age of eighteen. If the legitimation is based on the laws of the country or state of the child's residence or domicile, the law must have taken effect before the child's eighteenth birthday. If the legitimation is based on the laws of the country or state of the father's residence or domicile, the father must have resided—while the child was under eighteen years of age—in the country or state under whose laws the child has been legitimated. Primary evidence of the relationship should consist of petitioner's birth certificate and the parents' marriage certificate or other evidence of legitimation issued by civil authorities.

(iii) Primary evidence if the petitioner is an illegitimate son or daughter. If a petition is submitted on behalf of the mother, the petitioner's birth certificate, issued by civil authorities and showing the mother's name, must accompany the petition. If the mother's name on the birth certificate is different from her name as reflected in the petition, evidence of the name change must also be submitted. If the petition is submitted on behalf of the purported father of the petitioner, the petitioner must show that the beneficiary is his or her natural father and that a bona fide parent-child relationship was established when the petitioner was unmarried and under twenty-one years of age. Such a relationship will be deemed to exist or to have existed where the father demonstrates or has demonstrated an active concern for the child's support, instruction, and general welfare. Primary evidence to establish that the beneficiary is the petitioner's natural father is the petitioner's birth certificate, issued by civil authorities and showing the father's name. If the father's name has been legally changed, evidence of the name change must accompany the petition. Evidence of a parent/child relationship should establish more than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insurance records which include the petitioner as a dependent; school records for the petitioner; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable as to the relationship.

(iv) Primary evidence if petitioner is an adopted son or daughter. A petition may be submitted for an adoptive parent by a United States citizen who is twenty-one years of age or older if the adoption took place before the petitioner's sixteenth birthday and if the two year legal custody and residence requirements have been met. A copy of the adoption decree, issued by the civil authorities, must accompany the petition.

(A) Legal custody means the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. This provision requires that a legal process involving the courts or other recognized government entity take place. If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custody requirement. However, if custody was not granted prior to the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

(B) Evidence must also be submitted to show that the beneficiary resided with the petitioner for at least two years. Generally, such documentation must establish that the petitioner and the beneficiary resided together in a parental relationship. The evidence must clearly indicate the physical living arrangements of the adopted child, the adoptive parent(s), and the natural parent(s) for the period of time during which the adoptive parent claims to have met the residence requirement.

© Legal custody and residence occurring prior to or after the adoption will satisfy both requirements. Legal custody, like residence, is accounted for in the aggregate. Therefore, a break in legal custody or residence will not affect the time already fulfilled. To meet the definition of child contained in sections 101(B)(1)(E) and 101(B)(2) of the Act, the child must have been under 16 years of age when the adoption is finalized.

(v) Name change. When the petition is filed by a child for the child's parent, and the parent's name is not on the child's birth certificate, evidence of the name change (such as the parent's marriage certificate, a legal document showing the parent's name change, or other similar evidence) must accompany the petition. If the petitioner's name has been legally changed, evidence of the name change must also accompany the petition.

(3) Decision on and disposition of petition. The approved petition will be forwarded to the Department of State's Processing Center. If the beneficiary is in the United States and is eligible for adjustment of status under section 245 of the Act, the approved petition will be retained by the Service. If the petition is denied, the petitioner will be notified of the reasons for the denial and of the right to appeal in accordance with the provisions of 8 CFR 3.3.

(4) Derivative beneficiaries. A child or a spouse of a principal alien who is approved for classification as an immediate relative is not eligible for derivative classification and must have a separate petition approved on his or her behalf.