Petitioning father with medical isues, siblings

[jackielibera 0]

I have a few Questions,

I wanna Petition My Parents, and my sister and brother. The only issue i have is my Dad, He had stroke 3yrs ago and he can not talk, but he can walk and understand. I wanna know if i should petition him too or not.? I wanna make sure that USCIS will not deny my father due to his condition, and waste our time and money.

1) Should i petition my Sister (27yrs old) and brother (21yrs old) now or wait till my parent get her and they will petition them.

2) My brother has 2 kids and girlfriend, Can i petition them too or wait till my brother get here?

3) how long will it takes to process my parents petition and my siblings petitions?

4) What form should i file?

Thank you for all your help in advance.

[Penguin_ie 5,986]

Yes you can petition your father. The petition won;t be denied at USCIS, but it may be denied at the embassy/ interview for public charge. You would need to show that you can support not only the 125% poverty level but also his medical needs.

1. Up to you. I would petition them if you have the filing fees, then when your parents get here, have them petition their kids too. It's allowed to have two petitions going, and it is a safety net should your parents die or not want to live in the USA and give up their greencards.

2. You cannot petition your nieces or your brother's girlfriend. His kids are included as derrivatives in your petition for your brother, but the girlfriend is not.

3. Parents: about a year, maybe less. Siblings: 23 years

4. Parents: http://www.visajourney.com/content/immigration-parents-overview Siblings: http://www.visajourney.com/content/ussib

[Boiler 43,632]

Are you now a US Citizen, it appears not?

Presumably your father will not be able to work, look into the availability and cost of health insurance, it may not be practical.

[M Charles 0]

Family related visas from the Philippines are so backlogged right now you will need to wait over a decade. The USCIS releases a weekly newsletter that details the current wait times for each visa types, including the exception classes (Chinese, Indian, Mexican, Philippines). The Exception classes have to wait longer because there are so many applicants from that region. However, the wait for your dad would probably be less than for your brother, because parents and children are considered more immediate family than siblings.

M Charles

[aaron2020 11,651]

The I-130 for your father will be approved. It establish a family relationship between you and him that allows him to apply for an immigration visa. At the US Embassy stage, your father could be denied an immigration visa if he cannot show that he would not likely be a public charge; i.e. the US taxpayers would have to support him. You would need to show that your father will not quickly become a burden on the US taxpayers. Since none of us know your father's condition, we can't even guess if his chances of getting a visa.

1. Do both. A person can be the beneficiary of more than one petition. You can file. Then your parents can file after they become LPRs. Remember that it takes a long time to petition for a family member in the Philippines. If the petitioner dies, so does the petition. If only your elderly parents file, if they die while your siblings are waiting, then the petitions will die and it would be a complete waste of time. With both you and your parents filing different petitions for the same person, it is like an insurance policy protecting that person in the event one of cases dies.

2. You can only petition for your brother. Your brother's children will be included as derivative beneficiaries. However, it takes 23 years for a USC to petition for a sibling in the Philippines. Your brother's children will age out. CSPA may help. There is nothing you can do about this. After 23 years, the children may or may not be able to immigrate with their father.

Girlfriend is an unrelated stranger when it comes to family based immigration. A girlfriend is not family. A wife is a family member that is included as a derivative beneficiary in a petition filed by you.

A USC can file for a married sibling. An LPR cannot file for a married child. If a beneficiary gets marry while an LPR parent petitions, the petition dies.

3. About a year for your parents. About 23 years if you petition for your siblings. About 20 years for your LPR parent to petition for their unmarried children over age 21.

4. I-130 with supporting documents. One for dad. One for mom. One for each sibling.

[aaron2020 11,651]

Family related visas from the Philippines are so backlogged right now you will need to wait over a decade. The USCIS releases a weekly newsletter that details the current wait times for each visa types, including the exception classes (Chinese, Indian, Mexican, Philippines). The Exception classes have to wait longer because there are so many applicants from that region. However, the wait for your dad would probably be less than for your brother, because parents and children are considered more immediate family than siblings.

M Charles

USCIS does not release any weekly newsletter.

The US State Department releases the Visa Bulletin monthly. Around the 10th of the month, the US State Dept. will release the VB for the upcoming month.