QUESTION
Can my brother apply for a visa at the same time?
Asked on Mar 27th, 2013 on Immigration - Texas
More details to this question:
I am a U.S. citizen and my parents are going through the interview process for an IR5 visa in the next few days. They have a dependent child, my brother who is under the age of 21 and unmarried. Can he join my parents at the same time? If so, at what part in the process is this handled?
5 ANSWERS
Unfortunately, your brother will not be able to join your parents. Your parents, once permanent residents will have to sponsor him.
Answered on Mar 31st, 2013 at 8:31 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Unfortunately, your brother cannot join or immigrate at the same time as your parents. You will need to submit a separate I-130 petition on your brother's behalf.
Answered on Mar 27th, 2013 at 12:28 PM
Immigration and Naturalization Services Attorney serving Houston, TX
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No. Your brother requires a separate petition. He is not a derivative. Please see the visa bulletin for wait times. Relevant categories will be child under 21 of Permanent Resident and Brother/Sister of USC. Note the differences in processing dates and be mindful of yearly caps in each preference category.
Answered on Mar 27th, 2013 at 12:28 PM
No, he cannot. You would need to petition for your brother separately or your parents can do that once they become US green card holders (upon arrival in the US with their immigrant visas). If you petition for your brother, the process will be about 12 years. If your parents petition for him, it will be about 3 years as long as he is under 21. As soon as he turns 21, he will automatically go into a different preference category where the waiting times are about 6-7 years.
Answered on Mar 27th, 2013 at 12:28 PM
Your brother cannot come with your parents.
Answered on Mar 27th, 2013 at 12:28 PM