jan22

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

Just to clarify -- NVC has no decision-making role in any part of the process.  I'm sure that they said they would seek a decision from the State Department (or Bureau of Consular Affairs). 
 
The dilemma is, obviously, a visa should not be issued with a known-to-be incorrect birth date.  But, to issue the visa with the newly-established correct birth date would conflict with all of the USCIS records.  I don't know, but I suspect the visa will need to be issued with the correct birth date.

The first step in scheduling an expedited visa appointment, which I believe you have already done for the brother, is scheduling a regular appointment. The steps after that are outlined on the embassy's website at https://www.ustraveldocs.com/do/en/expedited-appointment/ .  They list recommended documentation for a medical emergency appointment, but what you will need to submit will be slightly different.  You will need to, of course, document the seriousness of your husband's condition including the very short timeline that you are facing. The other difference will be the documentation of paymment of the medical expenses. You will not need to document how all of the medical bills for your husband will be paid.  Rather, you will document how the payment for the visa applicant's (his brother or whoever is applying for the visa) part in the process will be paid, i.e., how the testing and surgery for that individual will be paid by your husband's insurance.  It would also be good to provide a little documentation or description of searches that have been done to find a donor already in the US.
 
The Embassy will also likely want some documentation of the probability that the person seeking the visa will, in fact, be a match. They are not likely to approve a series of expedited appointments for various family members to find a match, for example.   I would urge you to investigate all possibilities of getting testing done prior to the visa application to ensure there is the highest probability that a match will be possible.  There might be more possibilities for testing in the DR then you're aware of, or there might be a way to get the samples to be tested drawn in the DR and sent to the US for testing. The medical offices dealing with International Services should certainly be able to help you with that information.
 
I'm sorry you and your family are going through this and wish you the best.

Just to clarify -- for a CRBA, the requirement is actual physical presence (i.e., the hours/days/weeks/months/years) you were in the US.  You cannot count any time you spent outside the US for any reason, including vacations or family visits. 
 
You need to have 5 years physically in the US,  at least two of which must have been after you were 14 years old.
 
How did you get your US citizenship?  Did you spend any time in the US for any reason prior to Nov 2011?
 
When in Nov 2011 did you come to the US?  And, when did you leave in 2017?  All of 2012 through all of 2017 would only be five years -- assuming no travel at all out of the US during that time.  Add the few weeks in 2011...but, it will be really close unless you had time prior to Nov 2011.

Note -- this is a State Department notice, not a USCIS announcement.  USCIS is not involved with visa applications/interviews.  Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

Note -- this is a State Department notice, not a USCIS announcement.  USCIS is not involved with visa applications/interviews.  Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.
 
If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

Note -- this is a State Department notice, not a USCIS announcement.  USCIS is not involved with visa applications/interviews.  Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

Note -- this is a State Department notice, not a USCIS announcement.  USCIS is not involved with visa applications/interviews.  Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

Of course, even with a positive response from LegalNet, if the baby is born before the visa is issued to your husband, this is likely the only option for speedy processing.  I would ask the Embassy now if they would agree to accept an I-130 for your newborn if the baby is born before the is see uance of your husband's visa. They could agree (which would be a relief to know), or ask you to submit the request after the birth. (Or say no, but I think that's unlikely).  Asking the question now might possibly catch their attention and help get your husband's appointment scheduled.  (As you have already learned, pregnancy is not usually a reason for any sort of expediting, but...). If they accept the I-130, it should be a very quick ptocess.
 
One important thing on your concern about the baby not getting US citizenship like the other children under the Child Citizenship Act, that should not be a worry. The requirement is that the child be admitted to the United States as a legal permanent resident while under the age of 18 and in the legal, physical custody of the US citizen parent.  Even if you travel with the baby without an immigrant visa, he/she should be admitted as an IR-2 just like the rest of your children and obtain US citizenship along with them.
 
BTW, in one post you referred to giving birth in a "foreign country", meaning the US. While I fully understand why you said it that way, I would avoid phrasing like that when dealing with US immigration!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him.
 
HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. 
 
Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years.
 
Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year.  There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 --  more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today.
 
There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait.  Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition..
 
I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.
 
If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.
 
If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.
 
If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.
 
If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then.   Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

He is probably referring to a visa common in parts of Europe and former colonies also referred to as a "gap year" visa. The US has no equivalent.
 
The length of the program does not control when a student visa is required.  A course that Iasts only a few weeks can require a student visa. It all depends on the couse structure and the outcome upon successful completion of it.  More importantly, I'm sure your school has clear procedures/requirements for foreign student admittance-- if it has I-120 issuing authority granted by DHS, which it must if it has foreign students.  Those procedures should be clearly communicated to him and followed, regardless of what he or anyone else tells you or asks you to do. 

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then.   Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

Just to clarify -- for a CRBA, the requirement is actual physical presence (i.e., the hours/days/weeks/months/years) you were in the US.  You cannot count any time you spent outside the US for any reason, including vacations or family visits. 
 
You need to have 5 years physically in the US,  at least two of which must have been after you were 14 years old.
 
How did you get your US citizenship?  Did you spend any time in the US for any reason prior to Nov 2011?
 
When in Nov 2011 did you come to the US?  And, when did you leave in 2017?  All of 2012 through all of 2017 would only be five years -- assuming no travel at all out of the US during that time.  Add the few weeks in 2011...but, it will be really close unless you had time prior to Nov 2011.

With the possible exception of he first year, you will not qualify for the foreign income exclusion, as that only applies to income when you are living and earning outside the US. 
 
IMO, a main consideration -- for which I believe you should seek professional advice -- is how you can deal with paying into Social Security, Medicare, etc., to protect your future retirement needs (even if that's a long way off).

With the possible exception of he first year, you will not qualify for the foreign income exclusion, as that only applies to income when you are living and earning outside the US. 
 
IMO, a main consideration -- for which I believe you should seek professional advice -- is how you can deal with paying into Social Security, Medicare, etc., to protect your future retirement needs (even if that's a long way off).