How can I apply for brother to immigrate to US if he is under 21 years old ?

navrose_aulakh: How can I apply for brother to immigrate to US if he is under 21 years old ?
I am a US citizen and I know I need to apply form I-130 to petition for my parents. Can my brother be a beneficiary when my parents apply for immigrant visa? Please provide me the detailed procedure. I have searched a lot but no good hits.Please provide a elaborate procedure.

Thanks!

Answers and Views:

Answer by ani
I think that you should approach them and ask them how you can bring him over. Your parents should be citizens before they can get your brother here successfully. Well I think this is as much information as I got.

Answer by Fred S
Your brother could not accompany your parents when they immigrate because there is no dependent classification for IR-5’s, parents of U.S. citizens.

You can petition for your brother, but the waiting period is a very long one. You would use form I-130 to petition. Your brother would qualify for the F4-1 classification.

If your parents ever naturalize (after five years as residents), they could petition for him too. They’d use form I-130 to petition. If he remains single, he’d qualify for the F1-1 classification. If he marries, he’d qualify for the F3-1 classification.

If he remains unmarried, and your parents remain legal permanent residents, they could petition for him using form I-130. He would be classified as an F2-1.

The wait for these classifications vary depending on which country the beneficiary was born in. The wait isn’t short for any of the classes.

Answer by pianojangee
Your brother will be Family Preference 4th which has the longest wait, about 11 year to 22 years of wait until the immigrant visa becomes available to file the actual green card application. Your brother must have a separate petition, and he cannot be the beneficiary of your parents, since your parents is the beneficiary of your petition.

The only way is once your parents becomes Permanent Resident, they can petition him as Family Preference 2B , which is still the long wait, about 8 years to 16 years.

Answer by Florida Suncoast Family
Ani is sort of on the right track, but you need to understand at the onset that there is no “quick” way to bring your brother over as an immigrant (permanent resident).

You should immediately file an I-130 for your brother (this puts him as a beneficiary under Family category 4, and there is about an 11 year wait (or longer depending on his nationality)). Even though this may take awhile, you should still file it, and the sooner the better (and this is because, depending on the myriad possibilities that your brother may find himself in in the future, having an approved I-130 is always of benefit).

A quicker method is to file the I-130 immediately for your parents. There is no wait time for them to apply for an immigrant visa, but the entire process will likely take a year (or longer) before they physically get here.

Once they are here as immigrants (permanent residents), they should immediately file an I-130 for your brother (he is now a benficiary under their petition as Family Category 2a, with an approximate wait time of 5 years to apply for his permanent residency – BUT if he turns 21 during the 5 or so years he is waiting, then he MAY be moved to Family category 2b, which has a wait time of 9 to 10 years ((there is a complicated formula to determine if he is moved from category 2a to 2b… too long to explain on this blog))

BUT IN ALL EVENTS, your parents need to file for citizenship after 5 years of receiving their permanent residency (make sure they will meet their physical and continuous presence requirement).

When your parents become citizens, the I-130 they previously filed for your brother automatically moves your brother into a new category for determinging his wait time…. if he is under 21, he is an “immedate relative” and can apply for his green card right away (again, the process may take about a year or so)…. if he is over 21 and unmarried, he is family category 1, and if married, he is family category 3. Now, ironically, category 1 has about a 6 year wait (currently) and cat. 3 has a wait time of about 8 years (currently, but nationality always plays a role, especially, e.g. for mexicans, who have a much longer than average wait time). These wait times are in constant flux, and customarily, Cat 1 has a shorter wait time than Cat 2a, but currently, Cat 2a has a shorter wait.

Are you confused yet???? Welcome to the world of our modern immigration laws as promulgated by our well-paid legislators in congress.

In a nutshell, the fastest way to bring your brother, taking into account all the necessary “processing” time, is through your parents, allowing for the 5 years wait (Cat 2a) after they receive their own green cards and file the I-130 for him.

If he turns over 21, and is put into Cat 2b, then your parents, who should have already applied for citizenship at their 1st opportunity, can bring him over in Cat 1, which is still faster than the Cat 2b.

Got it?

Good luck. It will happen. Just be smart, and patient. That’s 3/4 of the battle with Immigration.