QUESTION
What is the fastest way to bring my parents and minor brother to the US if I am a citizen?
Asked on Jan 16th, 2011 on Immigration - Florida
More details to this question:
I am a US citizen and would like to bring my parents and my 17 years old brother. I just want to know what is the proper and fastest way to bring them. I know that I need to file I-130 for each of my parents and my brother. but i was told not to file a separate form for him(brother) and to just include my brother with each of my parents without filing a separate I -130 form for him since he is a minor. is this correct? Any advice? And what is the average time from start to finish. Thank you.
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If you are over 21 the fasted way is to file an I-130 and since your brother is a minor he can be included on their applications but some people do like to file a separate case just to be safe. Since you are a US citizen it will be a quick process so long as neither of your parents were ever in the US without authorization and do not have a criminal record. If you would like our assistance please call my office to set up a consultation. We charge $350 an hour but that would be credited to your case if you decide you want to hire us to assist your family coming over.
Answered on Jan 17th, 2011 at 11:28 AM
Hello, Your parents' cases are straightforward. You must file one I-130 for EACH of them. You should also file an I-130 for your brother, but because sibling applications take a long time, your parents will also need to submit I-130 for your brother after their green card is approved by the US Embassy. Your parents should be able to receive the green card within 8 to 10 months. However, your petition for your brother can take 8 to 10 years to become current.
After your parents enter the US, they should submit a new I-130 for your brother as new permanent residents. Their petition will be pending for about 2 to 3 years. If your brother is still under 21 when the visa number becomes current (currently projecting about 2 years for child of permanent resident [your parents]), then he will get a green card before he turns 21. If he turns 21 and the visa number is not yet current (possible, depending on how quickly your parents get their green card), then he will have a longer waiting time, roughly 5 to 6 years, before he can get the green card to come to the US.
As you can see, your brother's case is the unpredictable one. I recommend filing for your parents as soon as possible so that they can turn around and file for your brother for faster processing.
Answered on Jan 17th, 2011 at 10:58 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Your brother WILL NOT be included in your parents petition. Derivative beneficiaries are not included in immediate relative petitions. You have to file a separate petition for him. The problem is that his petition will not be current for more than 10 years (20 years for some countries). It will be quicker for your parents to petition him once they receive their Green Cards. In many cases, your brother may be able to obtain a visitor visa or humanitarian parole in order to accompany your parents when they receive their Green Cards and he could wait in the U.S. while the petition for him by them is being processed. This is the type of matter that you should meet with an immigration regarding.
Answered on Jan 17th, 2011 at 8:58 AM
You need to petition your parent and your brother separately, the problem is that the petition for your brother will take much longer than for your parents.
Answered on Jan 17th, 2011 at 8:28 AM