Green cared possibility for a minor child

[virgo4september]

Hi

After becoming the US citizen I am planning to file for my parents green card. I have a younger sibling also. My question is that if my parent get the green card prior to my sibling turning 21 years old, then will he also be able to get the GC with them. Also does he need to be < 21 years old on the day my parents get the GC or the day he will be interviewed.

Any response in this regard will be much appreciated !

Kind Regards !

Koyal Singh

[osweiti50]

Bringing Siblings to Live in the United States as Permanent Residents

Eligibility

To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States.

Required Documentation

To successfully complete the process, the U.S. citizen petitioner (i.e. the sponsor) must submit:

A completed Form I-130. (Note: You do not need to file a separate Form I-130 for your sibling’s spouse or unmarried children under 21 years of age.)
Evidence that you are a U.S. citizen:
A copy of your valid U.S. passport, OR
A copy of your U.S. birth certificate, OR
A copy of Consular Report of Birth Abroad, OR
A copy of your naturalization certificate, OR
A copy of your certificate of citizenship
A copy of your birth certificate and a copy of your sibling's birth certificate showing that you have at least one common parent

Additional Documentation for Siblings through Adoption, Step Parents or Paternal Half-Siblings

If you and your sibling are related through adoption, please also submit:
A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (the adopted child) became 16 years old.

If you and your sibling are related through a step-parent, please also submit:

Copies of documents showing that any prior marriage(s) of the natural parent and/or step-parent were legally terminated, AND
A copy of the marriage certificate of the step-parent to the natural parent (age restrictions for meeting definition of step-child apply)

If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit:

Copies of the marriage certificates of the father to each mother, AND
Copies of documents showing that any prior marriages of either your father or mothers were legally terminated.

Note: If your name or your sibling’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

[peace999]

virgo4september

Most Employed based and family based immigrant petitions ,can include children less than 21.

But not when USCs are filing for their parents. Parents' minor children cannot be included.

That is clearly stated on USCIS website .

[dhira_98]

Koyal,
I assume that that you parents and brother are living in India or other countries. And you are planning to file I-130 petition for your parents after you become US Citizen. Here are the facts:

1. You can file i-130 for your parents once you become US citizen. Only mother/father will receive visa under their petitions , no children will receive visa regardless of age.

2. You should also file I-130 petition for you brother/sister at the same time. He/She will be under F4 category with much longer wait time but In case if he/she gets married, he/she still be able to immigrate based on your petition.

3. Once you parents arrive in the US and receive their green card, they can file a petition for their unmarried children of any age.

4. If you brother/sister are under 21 years of age when your parents apply for them, they will be given visa under F2A-2 category (current wait time ~2 years) Otherwise they will be under F2B category (current wait time ~ 8 Years) . While waiting for visa under F2A-2 category if they age out after CSPA Rule, they will be moved to F2B category

5. If your parents become US Citizenship, and your brother/sister still have not received visa, their petitions can/will be moved to
--- IR category (no wait time) if they are still under 21 after CSPA Rule,
--- F1 Category if unmarried and over 21 years (current wait time 7 Years) or
--- F3 category if they get married after parents becoming US citizen.
6. If you brother/sister get married before parents becoming citizen, All petitions filed by parents will be revoked. But your petition for them will still be alive. So it is very important that you should also file a petition for them once you become citizen.

Thanks for reading my advise
Davinder

[virgo4september]

Thanks a lot for the replies ! I very highly appreciate that ! So that means after becoming US citizen if I apply for my brother and he is still < 21 years at the time of I - 130 petition for him, then the chances of him getting GC are better than he ages out? Is it 2 years for sure ? But definitely he'll age out by then though !

Kind Regards !

Koyal Singh

[dhira_98]

If you apply for your brother, regardless of his age, his visa category will be F4, current wait time for this category is about 12 years. and if he gets married while waiting for visa, his whole family will get visa.

If your parents apply for him and he is still under 21, He will be under F2A-2 with current wait time 2 years.

I hope this clarifies.

[virgo4september]

Please Reply

Dear Dhira,

Thanks very much for your reply ! So do my parents have to be US citizen before they can apply for my brother or they can apply right after being permanant resident. Because if they can apply after being the permanat resident and if the wait time is 2 years, then its not bad in that case !

Kind Regards !

Koya Singh

[dhira_98]

Here is my earlier response--

3. Once you parents arrive in the US and receive their green card, they can file a petition for their unmarried children of any age.

ie, they can apply as soon as they have green card in hand.

Also remember that his actual age will be determined by CSPA Rule.

[virgo4september]

Please reply

Dear Dhira,

I very highly appreciate your all responses. You have been very helpful. Now I want to know one more thing that what would be the significance of CSPA rule in my brother's case ? He is going to be 20 yrs old in july,2012. My parents hopefully will get green card by April, 2013 ( guessing), then they will petition I-130 for my brother. So do you think he age will get freezed ? If not then definitely he'll age out and will be moved to F2B instead of F2A.

Any guidance will be highly appreciated !

Kind Regards !

Koyal Singh

[dhira_98]

In your case, Benefits from CSPA Rule depends on followings.

1. When your parents will be able to file for your brother. (Before age 21 or after 21). If after 21 then there will be no benefits, Otherwise his age will be freezed till USCIS takes a final action on his petition.

2. Where do you live in USA? It is well know that CSC takes longer time than VSC to approve/disapprove family based visa petitions. The longer time taken by USCIS to approve/disapprove petition will be more beneficial in your case.


So there are so many unknown factors to predict any thing at this stage.

Davinder

[virgo4september]

Dear Dhira,

We live in Florida. I am not sure if it comes under VSC vs. CSC ? All I want to know if there is ahope in my brother's case at all or not at all. As per my understanding, its very hard to understand the CSPA act., but I hope this act can play some role in my brother's case orthis is clear that it won't. I will wait for your kind response !

Regards !

Koyal Singh

[dhira_98]

Koyal,
There are so many unknown factors. The first and most important is when you parents would get green cards. I suggest you to file a petition for your brother from yourself as soon as possible.

Thanks

[lbbista]

green card to miner

Hi Koyal,

As I see the communication date in this forum, you should have gone through the process of applying green card for your younger brother. I have a same question as you had. Is the miner child should be less than 21 years on the day the parent file i-130 or on the day of interview? In my case my parent have green card by now. My younger sister is 20 years and 2 months old. Is it good idea to file I-130 by me for my sister or my parent filing her for minor child?

Any suggestion will be highly appreciated.

Thanks.
Lok

[moez]

green card to miner

Hello sir/mam/ dhira,
i m under 21 but in august 28 i,ll be 21 year old... My mother is a green card holder in US... if she fill a petition for me before august 28 or before i am 21.. Then is the time be same i.e waiting for 2 year ...or i have to wait more than 2 year to get my visa?????? Please kindly reply me

P.S:- on 28 august i,ll be of 21 year old but now i m under 21