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Luckystar09

Need advice on sponsoring my parent-in-law and thier under son.

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Hello Everyone!

My husband and I are planning to sponsor his parents and little brother to the US and we need some advice.

Do you know what form we need to fill out?

My brother-in-law is only 13 years old can he be sponsored along with my parents-in-law because is he underage?

If anyone can help us, we are very thankful!

Thank you!

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Is you husband a US citizen? If yes, then he can petition his parents and they would qualify as an immediate relative (IR). The bad news is that IR does not allow derivative, so his brother cannot be added to the parent's petition.

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Hello Everyone!

My husband and I are planning to sponsor his parents and little brother to the US and we need some advice.

Do you know what form we need to fill out?

My brother-in-law is only 13 years old can he be sponsored along with my parents-in-law because is he underage?

If anyone can help us, we are very thankful!

Thank you!

Is this for a visit of you talking immigrating? Because parents is on thing the child is another since that is sibling and will take alot longer to bring him.


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Sounds like immigrating and as they have been on this site for some years presumably Husband is a USC.


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Your husband can bring his parents. The parents (one of them) will have to file for the boy when they arrive in the US and become permanent residents. The kid will have to stay behind and wait for a visa (about 2-3 years after filing). He is fortunate to have two parents who can take turns living with him. My 7-year-old-brother only has our mom.

Edited by OKflyboy

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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I agree with the above. The child cannot come with your in-laws because IR's of a USC aren't allowed to bring any additional family members, even if they are minor children.

The best thing to do is to petition the parents, and then as soon as they enter the US as LPR's, one of them can immediately file a petition for the child. No need for them to wait a certain amount of days or even to receive the GC. Their entry stamp with the visa serve as proof of LPR status.

The wait for a minor child of an LPR, is 2 to 3 years. So you guys have to figure out if the child will stay with one parent or the other or with a third party in the interim.

Also since the child is only 13, you can consider a student visa. Interviews are usually waived for people under 14. This way the child can stay in the US as long as he remains a student and follows all other rules for the visa.

If eligible, he may adjust status when his PD is current, or he can return abroad to apply for an immigrant visa. The most you could really lose is the $160 application fee, so it's definitely worth a shot.

Here is some info about student visas:

http://travel.state.gov/content/visas/english/study-exchange/student.html

Edited by Ian H.

This does not constitute legal advice.

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