IR5 Visa - Minor Child

[GBEAUTIFUL]

Hi all,

I filed an I-130 Petition for my mother and it was approved. I have a younger brother who is 16, and would like to have him immigrate as well, but when I spoke to the NVC they told me I would have to file a separate petition for my brother in its own category. My confusion here is, isn't my brother supposed to qualify under my mother since he is a minor child? And if so, how do I go about adding him or starting the process for him?

I need to complete the I864, but if he is not accompanying my mother at the same time or within 6 months of her immigrating, then I can use the I864EZ, so I'd like to be sure before I complete the application.

Thanks,
GBeautiful

[Enub4]

From what I understand not all categories allow children to be derivatives. I think family of US Citizens is one of them: https://www.uscis.gov/family/family-us-citizens

If I'm not mistaken, your brother will be F4 and visa availability is (May bulletin) 15FEB06 for most countries, India 01AUG04, Mexico 08FEB98 and Philippines 01MAR97. So it is a long wait.

Note: I'm no lawyer and have no experience, this information is from reading.

Edit: good information from newacct, thank you (see next post)

[newacct]

The Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries.

You can petition for your brother, which will be in the F4 category, which has a wait of 13+ years (longer for people born in Mexico or the Philippines). Your mother can also petition for him as soon as she enters the US, and it will be in the F2A category as an unmarried under-21 child of a permanent resident, which has a wait for visa numbers of around 2 years. (Multiple people can petition him if you want to be safe; they do not conflict.)

Yes, since your mother does not have (and cannot have) any derivative beneficiaries, if you are not using income from household members or joint sponsors, and your income is from W-2, you can use I-864EZ.

[GBEAUTIFUL]

Thanks for the response Enub4 and newacct. I understand the process better now.

GBeautiful