QUESTION

If US citizen filing an I-130 for parents, can my sibling come under the same petition?

Asked on Feb 25th, 2017 on Immigration - Texas
More details to this question:
I am an U.S. Citizen. I am going to petition for my parents through Form I-130. However, I was wondering if I can petition for my brother under the same application for my parents, since he is currently depended on my parents. He is currently 23 years old or he would have to wait for my parents to file for him, which would take considerable amount of more time?
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, a U.S. citizen age 21 or older may petition for a parent to obtain immigration benefits in the Immediate Relative visa category. Doing so, however, would not authorize adding a 23-year old brother as a "derivative beneficiary" even if the brother is dependent upon the parent, and so other avenues should be explored for the brother. That might include, as you suggested, having a parent file for your brother after the parent obtains immigration status. It also might include, if applicable, an independent application for the brother based on employment offer from an employer qualified and willing to sponsor him, or an application in the F4 visa category that you could file directly for your brother (but be aware of a very long backlog for visas in that category). It would be wise for you and your parents to consult with an immigration attorney about legal representation in the often quite complex application process to achieve their goals; at that time an immigration attorney also could explore potential eligibilities, options and strategies for your brother.
Answered on May 16th, 2017 at 9:02 AM

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Unfortunately, your brother will not be considered a derivative beneficiary under the petitions you will be filing for your parents. US citizens must file separate petitions for brother and/or sisters.
Answered on May 15th, 2017 at 10:47 AM

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