Dependent children of parents of US Citizen

[Terdals 2]

I'm not sure how best to approach my little 10 year old brother-in-law's immigration in the coming years.

 

I am a US citizen. My wife and I are in the process of getting her a green card via consular processing, we anticipate that she will have her green card in the next 6 months. We're going to apply for her citizenship pretty much right at her 3 year mark, so after processing we're optimistic that she will her her citizenship within 5 years from now. That will then open the door for my in-laws that have already expressed interest in immigrating to the US. My wife's parents would quality as immediate relatives and would be able to gain LPR status via adjustment of status, allowing them to stay here in the US during their immigration process. My question that my parent in-laws have a son that is currently 10 and their dependent. So once we apply for adjustment of status for my wife's parents how do we apply for my brother in-law? Normally siblings are a family preference category and they take like 15 years to get a visa available and are not able to use adjustment of status. Is there a way to include my brother-in-law on his parent's applications since he is a dependent child?

[Crazy Cat 39,600]

12 minutes ago, Terdals said:

My wife's parents would quality as immediate relatives and would be able to gain LPR status via adjustment of status, allowing them to stay here in the US during their immigration process

Where are her parents right now?

[Terdals 2]

Her parent's and her brother are currently living and have residency in Portugal, they are Brazilians by nationality. I am aware that they will need to be in the US and enter legally before we could apply for adjustment of status.

[Crazy Cat 39,600]

16 minutes ago, Terdals said:

Is there a way to include my brother-in-law on his parent's applications since he is a dependent child?

No.  Parent petitions do not allow derivatives.  One of the parents will have to petition the child after they become legal residents.  The child cannot immigrate at the same time as both IR-5 cases.

[Crazy Cat 39,600]

Just now, Terdals said:

Her parent's and her brother are currently living and have residency in Portugal, they are Brazilians by nationality. I am aware that they will need to be in the US and enter legally before we could apply for adjustment of status.

Then adjustment of Status does not apply to any of them.  The parents will do consular processing to receive IR-5 visas. After the parents arrive in the US, one of them can then petition for the child to immigrate from Portugal. 

[Terdals 2]

Ah, bummer, not what I was hoping for, but thank you for your help.

[Crazy Cat 39,600]

4 minutes ago, Terdals said:

Ah, bummer, not what I was hoping for, but thank you for your help.

Sadly, the child will be F2A visa category.  

[Boiler 43,708]

3 hours ago, Terdals said:

Her parent's and her brother are currently living and have residency in Portugal, they are Brazilians by nationality. I am aware that they will need to be in the US and enter legally before we could apply for adjustment of status.

They are not eligible for adjustment of status, they will Consulate process.

 

I think the child will be able to stay in the F2a category, he will be 20 ish when a visa number is available assuming current trends continue. That far out anything is going to be a bit of a guess.

[SalishSea 16,862]

10 hours ago, Terdals said:

Her parent's and her brother are currently living and have residency in Portugal, they are Brazilians by nationality. I am aware that they will need to be in the US and enter legally before we could apply for adjustment of status.

No!!   They cannot enter with the intent to adjust.   That is FRAUD.

[manyfudge 273]

18 hours ago, Terdals said:

and enter legally before we could apply for adjustment of

Bad idea!
Entering with the intent to adjust is fraud. They stay in Portugal and go through consulate process.

 

This is what they should do:

1) your wife becomes USC in 4 years. 
2) Sponsors both parents and brother.  The minute the parents land, they can file for son (14).  Each should file. 

3) parents take turns going back and staying with him.   They can also file F1 visa (low chance of approval) for him.
4) ONE parent stays for the requisite time to file for naturalization.  Brother should still be under 21.  
 

 

 

 

[Cathi 5,621]

21 hours ago, Terdals said:

Her parent's and her brother are currently living and have residency in Portugal, they are Brazilians by nationality. I am aware that they will need to be in the US and enter legally before we could apply for adjustment of status.

Entering the U.S with the INTENT to STAY and adjust status, is illegal. It's visa fraud and will result in a lifetime ban for them.

Their ONLY option is consular processing.

[D-R-J 156]

We are working on something similar. We have already petitioned for my wife’s mom about this time last year. As soon as she arrives she will petition for her twelve year old son (he stays with an older sister for school now, so he won’t miss his mom too much). It is too bad that F2A is no longer current. We thought he’d be getting here a lot sooner 😔.

 

We tried to get him here with an F1 twice and he was denied both times.

Edited November 15, 2023 by D-R-J

[Ontarkie 13,957]

~~Multiple posts have been removed for derailing this thread. Stick to helping the OP.~~