My mom and my half brother

[Anna210 1]

Hello all. i have a question. my USC sister is planning to sponsor my mom to come to the US next yr. my mom lives with my half brother. she was never married to my dad nor to the dad of my brother. recently, my brother’s dad passed away from health problems. my question is, if my sister sponsor my mom, is she able to bring my half brother with her? there would be nobody who would watch over him if he has to be left behind. btw my brother is only 12 yrs old. thank you!

[HRQX 4,145]

27 minutes ago, Anna210 said:

is she able to bring my half brother with her?

Unfortunately, IR-5 visa does not allow derivative beneficiaries. Thus, if she gets the IR-5 visa there will be some separation. After she enters the US with the IR-5, she can file I-130 petition to start F2A process for him.

[Boiler 43,397]

I do not think the Mother is able to sponsor half brother if I understand the relationship correctly, OP can but a looooong wait.

[HRQX 4,145]

10 minutes ago, Boiler said:

OP can but a looooong wait.

Note that they are half-siblings (same mother):

44 minutes ago, Anna210 said:

she was never married to my dad nor to the dad of my brother.

 

Edited November 19, 2020 by HRQX

[Boiler 43,397]

So the Mothers child with somebody else, then mother could sponsor child.

[SusieQQQ 11,584]

The only real way to do this without leaving him alone and to get them into the US in the next few years is (1) your sister sponsors your mom (2) your mom enters the US on an immigrant visa and applies for a re-entry permit (allows her to be out the US for 2 years without losing her green card); at the same time, your mom files an F2a petition for her son (3) she then stays with her son in home country until he can get a visa, then they move together when he gets his immigrant visa. 

Step 1 will probably take around a year, step 2 a month or two (if reentry permit processing has normalized by then), step 3 probably around 2 years. All assuming Covid delays fade.

 

 

 

Edited November 19, 2020 by SusieQQQ

[Demise 1,093]

22 hours ago, Anna210 said:

Hello all. i have a question. my USC sister is planning to sponsor my mom to come to the US next yr. my mom lives with my half brother. she was never married to my dad nor to the dad of my brother. recently, my brother’s dad passed away from health problems. my question is, if my sister sponsor my mom, is she able to bring my half brother with her? there would be nobody who would watch over him if he has to be left behind. btw my brother is only 12 yrs old. thank you!

IR-5 doesn't allow derivatives, meaning that the brother won't be able to just tag along. However considering that the half-brother is only 12 your mother could file an I-130 on her own to classify him as an F-2A child (priority dates are current right now) as soon as she's an LPR, which she can do as soon as she's off the plane.

 

Additionally she can also file I-131 for a re-entry permit (request that it's shipped to a US Consulate abroad), do biometrics, and leave and stay with the brother until the I-130 moves along and he gets his own immigrant visa.

Edited November 20, 2020 by Demise