Petition for brother, his wife and kids

[Joselio 196]

Hi,

 

I have been reading on USCIS and this website but can't find info. I'm confused and hope someone can clarify it.

 

I'm a US citizen and would like to bring my brother. He has a wife and they have 2 kids (15 and 19 years old).

 

It's my understanding that I can submit a I-130 for my brother and it's including his wife and kids.

 

Do the kids need to be less than 21 years old and unmarried at the  moment of the I-130 is submitted or at the moment they are elegible to get the GC (around 15 years later) ?

 

 

[Allaboutwaiting 2,500]

At the moment you file, but they must remain unmarried.

[Boiler 43,434]

You petition your Brother, for most Countries you then have more like a 20 or so year wait.

Eligibility of dependents is something that comes into play much much later, not impossible children of that age to qualify but very unlikely 

[Joselio 196]

12 minutes ago, Boiler said:

You petition your Brother, for most Countries you then have more like a 20 or so year wait.

Eligibility of dependents is something that comes into play much much later, not impossible children of that age to qualify but very unlikely 

Worried of what you said...Can you explain???

 

My brother's sons are now 15 and 19 years old... 

 

 

[Dashinka 23,245]

It will take several years for the petition for your brother to be DQ’d for an F4, and for children to also be included I believe they have to be minors or at least under 21.

[Boiler 43,434]

So lets say they will be 39 and 35 when the PD becomes current. No doubt left home possibly married and have children.

 

Presumably the parents are looking to retire in the US. Which is another question on affordability.

[kzielu 1,147]

16 hours ago, Joselio said:

Worried of what you said...Can you explain???

 

My brother's sons are now 15 and 19 years old... 

 

 

They will need to be 21 using CSPA - so at the time priority date is current - in about 15-20 years, they will deduct time it took to approve the petition from their current at the time age - if that comes out to be 21, they will qualify - but plain math shows this is highly unlikely (like Boiler said).

[limegreenbowler 44]

There's an outside chance the 15 year old may qualify under CSPA; highly unlikely the 19 year old would. Let's say you file today and USCIS sits on the I-130 for 15 years before approving it (this is quite possible--they seem to be sitting on F4 petitions for about ten years lately, which is actually to the beneficiary's advantage if they have kids). Assuming your brother's children remain unmarried, they will be able to subtract 15 years from their age at the time the priority date becomes current. Let's say that happens in 20 years. The 19 year old will be 39 and have a CSPA age of 24--too old. The 15 year old will have a CSPA age of 20. If she's unmarried and also takes some kind of action on her case within a year of the priority date becoming current, she would be eligible for a visa as a derivative of your brother.  This also assumes both you and your brother are still living.

[Demise 1,096]

20 hours ago, Joselio said:

Hi,

 

I have been reading on USCIS and this website but can't find info. I'm confused and hope someone can clarify it.

 

I'm a US citizen and would like to bring my brother. He has a wife and they have 2 kids (15 and 19 years old).

 

It's my understanding that I can submit a I-130 for my brother and it's including his wife and kids.

 

Do the kids need to be less than 21 years old and unmarried at the  moment of the I-130 is submitted or at the moment they are elegible to get the GC (around 15 years later) ?

 

 

Neither. It's a bit more complicated than that.

 

The controlling law here is Child Status Protection Act. It basically lets the time the I-130 was pending to be counted against their real age, and if the CSPA Age = (Real Age - time I-130 was pending) is under 21 as of the day the priority date becomes current or the day of the I-130 approval (whichever is later) they get to tag along.

 

So presuming that it'll take 15 years for the priority date to become current, the I-130 would need to be pending for over 9 years for the 15 year old and over 13 years for the 19 year old to tag along.

 

That being said, USCIS seems to be keeping F3 and F4 petitions pending for a very long time these days specifically to let kids in this situation tag along.

[SalishSea 16,770]

19 hours ago, Joselio said:

Worried of what you said...Can you explain???

 

My brother's sons are now 15 and 19 years old... 

 

 

Sibling petitions take 15-20 years.  

[Joselio 196]

I want to thank everyone.....

 

Sorry but still confused specially with the CSPA.... this is something new to me....

 

Let's assume I submit the I-130 for my brother today.

 

And as I mentioned before,, He has a wife and two sons (15 AND 19 years old)

 

Let's assume that it takes 15 years for the approval.... and my brother sons are unmarried by then.

 

Why the 19 years old boy will be unlikely to qualify???

 

What the priority date can affect??

 

Thank you for the info, this is something new to me and getting confused. My brother is thinking in his son's future....

 

 

Edited February 7, 2022 by Joselio

[NigeriaorBust 4,087]

  The dates that count is from when the petition get accept and when it is approved.   The time between these 2 dates is how much time you take away from the age of the kids when the priority date is current.  Using round numbers if you submit today and it is approved in 10 years and goes to storage.  If the priority date ( today) become current in 15 years  each child removes 10 years from their age on that day to see if they are "under 21"