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Can under 21 sibling be considered a dependent on parents case

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  • Can under 21 sibling be considered a dependent on parents case

    My wife is a US citizen and wants to apply immigrant visa for her parents. My question is can her brothers who are under 21 be considered as dependents with her parents or will she have to file a separate F4 category case

  • #2
    No. The Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries.

    She can petition her brothers in F4 category. When either parent enters the US as a permanent resident, that parent can also immediately petition her brother (their child) in the F2A category (if they are under 21 and unmarried then). Depending on how close to 21 they are, they might age out into the F2B category (over 21 and unmarried). F2B is faster than F4 for all birth countries except Mexico. Both she and her parent can petition the brother if they want to be extra safe; the petitions do not conflict.

    This is my personal opinion and is not to be construed as legal advice.

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