Complicated Issue - Step Brother

[yahoo_surfer 0]

Hi,

My daughter married to american doctor around 6 years ago , and currently she is working doctor over there and is permanent resident . She is a green card holder and got her own american passport also now .

She is still dependent on me for emotional and other needs of her , so called me to america for 1 month and filled my application also for a green card .

The problem is my son is currently studying Medicine in china , (originally he is born and bought up in china) and is 19 years old , also wants to come to America after studies to stay with her sister . To work in america as doctor he needs to clear USMLE i know that , but when she files the application for him there is a minor problem , my son is from other man and my daughter from another , as i divorced and re-married .

My friend said that could be a major problem and my daughter must file for him before he turns 21 years of age , as after that we can no longer show he is dependent as 21 year old are independent on their own .

Also should i wait for my green card and file it under mine or should his step sister file his application under her ? and show that the brother is dependent on needs from sister ?

Also could you tell me any guide or some self-help where i can learn more about visa applications , as most of the work my daughter does and i quite literally do not have a clue .

Also if he does not clear USMLE do you think he might be able to work in USA in any medicine related profession as he says USMLE competition is tough.

[Kazulie 132]

They are not step brother and sister, they are half siblings. The US government sees them as simply "siblings".

[ceadsearc 516]

Wait, you say your daughter is a green card holder but then say she has an American passport. Which is correct? Is she a permanent resident or a citizen?

[aaron2020 11,651]

Half-siblings does not matter - US immigration laws treat them the same as full siblings. Your US citizen daughter can petition for her brother. However, it will be an F4 family preference case (US citizen petitioning a sibling) and will take 11 years for your son to immigrate to the US.

If you become a green card holder, you can file for your son. The case would be an F2a family preference case (LPR petitioning unmarried child under 21) and would take 2-3 years. However, your son ages out when he turns 21 and his case will become an F2b family preference case. It would take him 8 years to get an immigration visa in the F2b category. CSPA may help him retain his place in the F2a category, but there is no way to predict if CSPA will help at this time.

The button for the "Guides" are located at the top of this page.

Also, a beneficiary can have more than one petition - your US citizen daughter can petition for her brother and you, LPR mother, can file for him too.

[aleful 1,905]

Hi,

My daughter married to american doctor around 6 years ago , and currently she is working doctor over there and is permanent resident . She is a green card holder and got her own american passport also now .

She is still dependent on me for emotional and other needs of her , so called me to america for 1 month and filled my application also for a green card .

The problem is my son is currently studying Medicine in china , (originally he is born and bought up in china) and is 19 years old , also wants to come to America after studies to stay with her sister . To work in america as doctor he needs to clear USMLE i know that , but when she files the application for him there is a minor problem , my son is from other man and my daughter from another , as i divorced and re-married .

My friend said that could be a major problem and my daughter must file for him before he turns 21 years of age , as after that we can no longer show he is dependent as 21 year old are independent on their own .

Also should i wait for my green card and file it under mine or should his step sister file his application under her ? and show that the brother is dependent on needs from sister ?

Also could you tell me any guide or some self-help where i can learn more about visa applications , as most of the work my daughter does and i quite literally do not have a clue .

Also if he does not clear USMLE do you think he might be able to work in USA in any medicine related profession as he says USMLE competition is tough.

ditto to what everyone else said,

if your daughter files for him, age doens't matter, she can file for him at any age. there is only one category for siblings and the over 10 years of waiting is the same for siblings under 21, over 21, married or unmarried. they don't change category or time of waiting.

which would happen if you file for him, until you are able to come to the US and file for him, he will probably be 20 years old, his category would be F2A and take more than 2 years, which would cnange him to the category F2B of unmarried children over 21 of a permanent resident. the wait is longer, over 8 years.

[Boiler 43,635]

As his Sister has been here for 6 years chances are she has naturalised.

So she can sponsor him.

He will have plenty of time to sort out his qualifications if he wants to work as a Doctor.

[VanessaTony 3,567]

A step-sibling is totally unrelated to her by blood.

A half-sibling means he shares a parent with her.

Which is he?

[JimVaPhuong 4,863]

Hi,

My daughter married to american doctor around 6 years ago , and currently she is working doctor over there and is permanent resident . She is a green card holder and got her own american passport also now .

She is still dependent on me for emotional and other needs of her , so called me to america for 1 month and filled my application also for a green card .

The problem is my son is currently studying Medicine in china , (originally he is born and bought up in china) and is 19 years old , also wants to come to America after studies to stay with her sister . To work in america as doctor he needs to clear USMLE i know that , but when she files the application for him there is a minor problem , my son is from other man and my daughter from another , as i divorced and re-married .

My friend said that could be a major problem and my daughter must file for him before he turns 21 years of age , as after that we can no longer show he is dependent as 21 year old are independent on their own .

Also should i wait for my green card and file it under mine or should his step sister file his application under her ? and show that the brother is dependent on needs from sister ?

Also could you tell me any guide or some self-help where i can learn more about visa applications , as most of the work my daughter does and i quite literally do not have a clue .

Also if he does not clear USMLE do you think he might be able to work in USA in any medicine related profession as he says USMLE competition is tough.

Your daughter is not a green card holder. She is a US citizen. Otherwise, she would not have been able to file your adjustment of status. Green card holders cannot petition for their parents. Only US citizens can do that. Also, only US citizens get a US passport.

Your friend is giving you some incorrect information. There is only one visa category for the brother or sister of a US citizen, and that's F4 family preference visa. It doesn't make any difference how old the brother or sister is.

As long as they share at least one biological parent (which is you, in this case) then US immigration law considers them to be siblings. Your daughter would have to prove that they share a biological parent. This is usually relatively easy when the biological parent is the mother, since the mother's name would be on both birth certificates.

It would be faster if you sent an I-130 petition for your son when you get your green card. The visa category will be F2A if he doesn't age out, and F2B if he does. Either way, it's faster than an F4. The petition will be assigned a priority date when it's received by USCIS. When the priority date becomes "current" then your son can apply for the visa. You can see the current priority dates in the visa bulletin on the Department of State website:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

Read the guides for detailed information on the immigration process. The link as the top of the page.

This isn't the proper forum to ask about what qualifications are required to work in a particular field in the US. Maybe there's a forum somewhere for immigrant doctors.

[Kazulie 132]

A step-sibling is totally unrelated to her by blood.

A half-sibling means he shares a parent with her.

Which is he?

She says the have different dads in her post. They are half-siblings. Or just siblings to the US government.

[VanessaTony 3,567]

She says the have different dads in her post. They are half-siblings. Or just siblings to the US government.

Actually he (the father) is writing the post and said this: "but when she files the application for him there is a minor problem , my son is from other man and my daughter from another , as i divorced and re-married ."

So the son is from another man, and the daughter is from another.. what? She doesn't finish the sentence. It could be her step-daughter that she's talking about (and the child could apply for a GC for her mother if the mother married her father before a specific date). Which is why I asked. Also because as a member with half-siblings I find it odd that someone in a half-child situation wouldn't know they're called half-siblings.