Question, Please Help

[fjb1122 2]

Hi. I am thinking of petitioning my mother and younger brother as soon as I become US citizen in maybe 3 or 4 years from now. My brother will be between 19-20 years old by that time, and hopefully unmarried. Given this information, I would like to know if:

1. In my I-130 for my mother, my younger brother will be included as one of her dependents?

2. Should a separate petition or i-130 be filed for my younger brother?

3. Will my mother's petition, take a different timeline as my brother's petition?

Kindly enlighten me of the possibilities of these situations. Thank you...

[aleful 1,905]

Hi. I am thinking of petitioning my mother and younger brother as soon as I become US citizen in maybe 3 or 4 years from now. My brother will be between 19-20 years old by that time, and hopefully unmarried. Given this information, I would like to know if:

1. In my I-130 for my mother, my younger brother will be included as one of her dependents?

2. Should a separate petition or i-130 be filed for my younger brother?

3. Will my mother's petition, take a different timeline as my brother's petition?

Kindly enlighten me of the possibilities of these situations. Thank you...

1} No. siblings aren't derivatives

2) Yes, siblings aren't derivatives, they must be filed separatly and takes a very long time.

3) yes, your mother may take around 1 year, compared to sibling that would take more than 20 years.

for siblings from Philippines, the visa buletin is on March 8th, 1988.

It would be better if your mother becomes a LPR, a resident and then files for him. It will take more than 10 years and he cannot marry. The visa bulletin is on December 1st 1999 for unmarried children over 21 from Philippines.

Edited March 22, 2011 by aleful

[Jojo92122 1,924]

Hi. I am thinking of petitioning my mother and younger brother as soon as I become US citizen in maybe 3 or 4 years from now. My brother will be between 19-20 years old by that time, and hopefully unmarried. Given this information, I would like to know if:

1. In my I-130 for my mother, my younger brother will be included as one of her dependents?

2. Should a separate petition or i-130 be filed for my younger brother?

3. Will my mother's petition, take a different timeline as my brother's petition?

Kindly enlighten me of the possibilities of these situations. Thank you...

1. When a US citizen petitions for a parent, it is an Immediate Relative case. Only the parent will be eligible for a visa. Derivative beneficiaries are not allowed; meaning that a spouse and children are not eligible for visas. An I-130 filed by you for your mother will not include anyone else; it's only for her to immigrate to the US.

2. You will need to file a separate I-130 for your brother.

3. It takes about 6-12 months for a US citizen to petition for a parent. It takes 10-11 years for a US citizen to petition for a sibling.

There is absolutely no way for your mother and brother to immigrate together on one petition. You must file for them separately. There cases are independent of each other. The two cases are not connected.

[fjb1122 2]

1. When a US citizen petitions for a parent, it is an Immediate Relative case. Only the parent will be eligible for a visa. Derivative beneficiaries are not allowed; meaning that a spouse and children are not eligible for visas. An I-130 filed by you for your mother will not include anyone else; it's only for her to immigrate to the US.

2. You will need to file a separate I-130 for your brother.

3. It takes about 6-12 months for a US citizen to petition for a parent. It takes 10-11 years for a US citizen to petition for a sibling.

There is absolutely no way for your mother and brother to immigrate together on one petition. You must file for them separately. There cases are independent of each other. The two cases are not connected.

Thanks to all your replies. The truth is, my mom doesn't want to be petitioned. Coz she really doesn't want to go live in the US except for short trips. So, I can still file for petition for my brother even without petitioning for my mother, right? But will his age by that time, which is let's say 19 years old (assuming that's his age when I will file for i-130) and unmarried, make a difference in the timeline?

[Jojo92122 1,924]

Thanks to all your replies. The truth is, my mom doesn't want to be petitioned. Coz she really doesn't want to go live in the US except for short trips. So, I can still file for petition for my brother even without petitioning for my mother, right? But will his age by that time, which is let's say 19 years old (assuming that's his age when I will file for i-130) and unmarried, make a difference in the timeline?

Opps!!!! Just noticed that you are Filipina. The Philippines is an over-subscribed country; meaning there are too many petitions for Filipinos. There is a 7% limit on visas to any one country. More than 7% of the current cases are for Filipinos which results in a longer wait time. It will take 20-23 years for a US citizen to petition for a Filipino sibling.

If your mother does not want to come live here, you can still file for your brother. When a US citizen petitions for a sibling, it takes 20-23 years. The sibling's age and marital status is irrelevant to how long it takes; it's will be 20-23 years. The nice thing is that your brother can get marry and have children while he waits during the process. His wife and children will be able to immigrate with him.

Edited March 23, 2011 by Jojo92122

[Jojo92122 1,924]

Thanks to all your replies. The truth is, my mom doesn't want to be petitioned. Coz she really doesn't want to go live in the US except for short trips. So, I can still file for petition for my brother even without petitioning for my mother, right? But will his age by that time, which is let's say 19 years old (assuming that's his age when I will file for i-130) and unmarried, make a difference in the timeline?

Opps!!!! Just noticed that you are Filipina. The Philippines is an over-subscribed country; meaning there are too many petitions for Filipinos. There is a 7% limit on visas to any one country. More than 7% of the current cases are for Filipinos which results in a longer wait time. It will take 20-23 years for a US citizen to petition for a Filipino sibling.

If your mother does not want to come live here, you can still file for your brother. When a US citizen petitions for a sibling, it takes 20-23 years. The sibling's age and marital status is irrelevant to how long it takes; it's will be 20-23 years. The nice thing is that your brother can get marry and have children while he waits during the process. His wife and unmarried children with CSPA age under 21 will be able to immigrate with him.

[fjb1122 2]

i see, what if i petition my mother and when she becomes a permanent resident, she will be able to petition for my brother, will that take a shorter period than the other option? or if not as permanent resident, as a US citizen herself, so does that mean 5 years after my petition for my mother, she can apply for US citizenship, and if so, how many years will it then take my brother to immigrate? so first, my mother as permanent resident, and the other, as USC herself... any suggestions?

[Jojo92122 1,924]

i see, what if i petition my mother and when she becomes a permanent resident, she will be able to petition for my brother, will that take a shorter period than the other option? or if not as permanent resident, as a US citizen herself, so does that mean 5 years after my petition for my mother, she can apply for US citizenship, and if so, how many years will it then take my brother to immigrate? so first, my mother as permanent resident, and the other, as USC herself... any suggestions?

Here are your brother's options;

1. You, the US citizen, petitions for your brother in the F4 family preference category. Age and marital status does not matter. Current wait for a visa is 23 years.

2. Your mother, the LPR, petitions for her unmarried son over age 21 in the F2b family preference category. Age is determined when a visa becomes available and not when the I-130 is filed, so your brother will definitely be over 21 when a visa becomes available; therefore, I will not discuss the F2a category. The current wait is 12 years. Your brother CANNOT get marry if he wants to immigrate. Getting marry while your mother is an LPR automatically ends the case.

3. Your mother becomes a US citizen, she ask that your brother case be kept as an F2b case. It takes longer for a US citizen to petition an unmarried child from the Philippines, so we are going to ignore the F1 family preference category. So, it's still 12 years.

4. Your brother gets marry after your mother becomes a US citizen, the case becomes an F3 family preference case. The current wait is 19 years.

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If the petitioner dies, the case ends. Do you think your mother will live for another 12-13 years after you become a US citizen in another 3 years? Will she live for another 15-16 years?

In addition, your mother must live in the US. She cannot have a green card and live in the Philippines.

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For a Filipina like yourself to bring your brother over is an extremely long journey. You can file for your brother. Your mother can file separately for him when she becomes an LPR. A beneficiary can have more than one petitioner file separate I-130s for his/her benefit.

The reality is that your brother will be at least 33 years old when he gets to the US if your mother petitions for him. He will be 43 years old when he gets to the US if you file for him.

It might a good idea for him to become a nurse and hope for an employment based visa to live in the US. There are lots of good Filipinos who got green cards through US employers.

Edited March 23, 2011 by Jojo92122

[fjb1122 2]

I think I'd go for the LPR, surely he can have relationships with girls or even live with the one he truly loves, or even have kids, just don't get married just yet, pretty sure in the end, he could file for fiance visa and bring his family.

Or I'm thinking of making him apply for a tourist visa, and perhaps adjust to student visa later on. I just want to be with him, and make all things possible for him and for his future, well, my mother can still get tourist visa, and visit from time to time. She doesn't want it here...

As for myself, I got here on a 10-year multiple entry tourist visa, and on my second visit, I met my husband, a USC and got married. Who knows it could happen to my brother too, if he is still unmarried and not in a relationship with anyone in the Philippines. He might find the love of his life here too, and things would be a lot easier.

Many thanks to you...

[Jojo92122 1,924]

I think I'd go for the LPR, surely he can have relationships with girls or even live with the one he truly loves, or even have kids, just don't get married just yet, pretty sure in the end, he could file for fiance visa and bring his family.

You cannot petition for your brother until you become a US citizen. As an LPR, you cannot file for him. An LPR can only file for a spouse or unmarried children. As a US citizen, you will petition for him in the F4 category which takes 23 years.

Furthermore, an LPR cannot file for a fiance. Only US citizens can file for a fiancee.

It will take 23 years. You must be a US citizen in order to petition for him. There is no way around this if you file for him.

Or I'm thinking of making him apply for a tourist visa, and perhaps adjust to student visa later on. I just want to be with him, and make all things possible for him and for his future, well, my mother can still get tourist visa, and visit from time to time. She doesn't want it here...

This is visa fraud which will end badly. It's visa fraud for a person to enter the US on a tourist visa with the intent to adjust status to an LPR. You will make him an illegal alien.

He cannot adjust his status based on the petition you would file as a US citizen until his Priority Date becomes current. His Priority Date will not be current for 23 years after you file.

If people could do what you suggested, then no one would wait patiently in the Philippines for 23 years. Everyone would try to get a tourist visa to adjust in the US before the 23 years are up. This would only encourage everyone to apply for a tourist visa. All work at the US Embassy in Manila would have to stop to deal with the hundred of thousands of tourist visa applications from Filipinos waiting for their Priority Dates to become current.

Basically, there is no way for your brother to become a legal permanent resident earlier than 23 years after you file for him.

If he comes to the US on a tourist visa and attempts to adjust his status, the request will be denied and he will accumulate unlawful presence that could lead to a ban from immigrating to the US.

As for myself, I got here on a 10-year multiple entry tourist visa, and on my second visit, I met my husband, a USC and got married. Who knows it could happen to my brother too, if he is still unmarried and not in a relationship with anyone in the Philippines. He might find the love of his life here too, and things would be a lot easier.

Many thanks to you...

Marriage to a US citizen has nothing to do with a petition filed by you or your mother (if she becomes an LPR). This is completely different than when a sister or mother files for a person like your brother.

[fjb1122 2]

oh i meant my mother as an LPR, she could do that right? She could petition for my brother, if I petition for her first?

[Jojo92122 1,924]

oh i meant my mother as an LPR, she could do that right? She could petition for my brother, if I petition for her first?

Your mother as an LPR can petition for your brother. However, you have indicted that she has no desire to live in the US. This will cause her to lose her LPR status. She must live in the US until your brother immigrates to the US or the petition is dead.

Here is timeline for what you propose with each being the earliest that any event can happen;

2011 - You file to adjust your status based on marriage to a US citizen.

2014 - After 3 years of being an LPR AND being married and living with your husband, you can apply for US citizenship. This takes about a year.

2015 - You petition for your mother to immigrate to the US. This takes about a year.

2016 - Your mother arrives in the US and gains LPR status. She files for your brother. SHE MUST LIVE HERE IN ORDER TO PETITION FOR YOUR BROTHER. SHE MUST MAINTAIN HER LPR STATUS. SHE CAN VISIT THE PHILIPPINES, BUT SHE MUST MAKE THE US HER PERMANENT HOME. GENERALLY, THIS MEANS SPENDING MORE TIME IN THE US THAN THE PHILIPPINES. It will take 12 years for your brother to immigrate to the US if 1) he stays unmarried, and 2) the petitioner does not die. IF THE PETITIONER DIES, YOUR BROTHER HAS TO START ALL OVER FROM THE BACK OF THE LINE.

2028 - Your brother immigrates to the US.