siblings immigration

[maria321 0]

Hello everyone, i have couple of questions and was wondering if someone can help me understand this better since its my first time with all this immigration stuff.. I'm trying to help my mom since she doesn't speak English..so my mom is a U.S citizen, wants to apply for her 2 brothers who are married and have unmarried children. one of them has 4 kids and the other 7 kids and all are unmarried. she wants to apply for them both along with their kids. i was wondering if its possible? if yes how can i do it? what will i need in order to do that? what form do i have to fill out and how? someone please help me out if you know about a situation like this.. thank you

[Khallaf 649]

9 minutes ago, maria321 said:

Hello everyone, i have couple of questions and was wondering if someone can help me understand this better since its my first time with all this immigration stuff.. I'm trying to help my mom since she doesn't speak English..so my mom is a U.S citizen, wants to apply for her 2 brothers who are married and have unmarried children. one of them has 4 kids and the other 7 kids and all are unmarried. she wants to apply for them both along with their kids. i was wondering if its possible? if yes how can i do it? what will i need in order to do that? what form do i have to fill out and how? someone please help me out if you know about a situation like this.. thank you

for your mother to petition for her brothers, its a long long long long wait 13-15 years

 

and really that depends on the country of changeability. 

Edited March 4, 2019 by Khallaf

[maria321 0]

yes i know about the wait, we still want to apply for them. could you help me with the question above? please

Edited March 4, 2019 by maria321

[Khallaf 649]

9 minutes ago, maria321 said:

yes i know about the wait, we still want to apply for them. could you help me with the question above? please

she can only file for the brothers, I believe for the kids to come as well it depends on their age. I believe they would be in F4 catagory and the children must be under 21

 

@geowrian I think you have answered something similar in the past but I could be wrong.

Edited March 4, 2019 by Khallaf

[Unlockable 7,306]

Welcome @maria321,

 

Here are some links to help you...

https://www.visajourney.com/content/ussib

https://www.visajourney.com/content/ussibpet

 

Your mother should start the process ASAP as it will take more than 15 years. Also, she should be aware, along with the 15 plus year wait, that there may be some family of the siblings that may not be able to immigrate with them depending on the ages (if the sibling's kids are over 21).

Edited March 4, 2019 by Unlockable

[geowrian 22,335]

Depending on their country of chargability, the wait could be 30+ years, actually.

 

Yes, derivatives are including in an F4 case. This includes a spouse and unmarried, under-21 children. That said, as others noted, the children may age out and not qualify by the time a visa number becomes available.

[maria321 0]

5 minutes ago, geowrian said:

Depending on their country of chargability, the wait could be 30+ years, actually.

 

Yes, derivatives are including in an F4 case. This includes a spouse and unmarried, under-21 children. That said, as others noted, the children may age out and not qualify by the time a visa number becomes available.

The country is Pakistan, all the kids are very young ages 2-9.. do you have any link for case F4?

[geowrian 22,335]

Just now, maria321 said:

The country is Pakistan, all the kids are very young ages 2-9.. do you have any link for case F4?

Thanks. Pakistan falls under the worldwide category, which is ~15 years for F4.

Visa bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Table A (Final Action Dates) is the one to go by for when a visa can be issued. Table B is when additional documents at NVC will start to be accepted.

[SusieQQQ 11,584]

14 minutes ago, maria321 said:

The country is Pakistan, all the kids are very young ages 2-9.. do you have any link for case F4?

The 9-year old and any other kids closer to that age could very well age out by the time the visas are issued, its likely to be a 15- year wait,could possibly be longer.

[maria321 0]

5 minutes ago, SusieQQQ said:

The 9-year old and any other kids closer to that age could very well age out by the time the visas are issued, its likely to be a 15- year wait,could possibly be longer.

does it matter about the age? i know someone from Pakistan who applied for their sisters and brothers and one of her sisters son is 31 unmarried and hes coming along with her.. but the other one is 28 and  married, has a kid and hes the one who cant come along.. i think the marriage is what matters not the age, i'm not sure? can someone answer this please?

[SusieQQQ 11,584]

7 minutes ago, maria321 said:

does it matter about the age? i know someone from Pakistan who applied for their sisters and brothers and one of her sisters son is 31 unmarried and hes coming along with her.. but the other one is 28 and  married, has a kid and hes the one who cant come along.. i think the marriage is what matters not the age, i'm not sure? can someone answer this please?

It depends how long the petition takes to approve. You are correct that marriage automatically invlaidates it but not correct when you say age doesn’t matter. The USCIS definition of a child for immigration purposes is unmarried under 21. There is some protection under something called CSPA, that said I have never heard of it protecting anyone as old as 31. Must have been a very special case. Anyway there is nothing your parent can do about this other than file as soon as possible. Bear in mind the wait tends to get longer each year.

Edited March 4, 2019 by SusieQQQ

[maria321 0]

2 minutes ago, SusieQQQ said:

It depends how long the petition takes to approve. You are correct that marriage automatically invlaidates it but not correct when you say age doesn’t matter. The USCIS definition of a child for immigration purposes is unmarried under 21. There is some protection under something called CSPA, that said I have never heard of it protecting anyone as old as 31. Must have been a very special case. Anyway there is nothing your parent can do about this other than file as soon as possible.

oh okay, Thank you so much for your help

[geowrian 22,335]

35 minutes ago, maria321 said:

does it matter about the age? i know someone from Pakistan who applied for their sisters and brothers and one of her sisters son is 31 unmarried and hes coming along with her.. but the other one is 28 and  married, has a kid and hes the one who cant come along.. i think the marriage is what matters not the age, i'm not sure? can someone answer this please?

Exactly as stated above...

CSPA can protect a derivitive's age up to a point. I won't even go into the details as all that could change or become irrelevant in 15 years.

But being married automatically disqualifies you from being eligible as a derivative "child".

[NigeriaorBust 4,087]

also keep in mind that the children's children will NOT  be included if that is important to you.

[Unlockable 7,306]

30 minutes ago, NigeriaorBust said:

also keep in mind that the children's children will NOT  be included if that is important to you.

@maria321

 

The above is another thing to consider and be aware about. When the time comes and there are sibling's children that are able to still immigrate, their (the sibling's children's children) children may not be able to come with them no matter what age they are. For example, say in 15+ years the 9 y/o child of one of the siblings you mentioned is 24/25 years old when they get their visa. If s/he has a child by then, their child would not be able to immigrate along with them.

 

There are a lot of things to consider for this process.