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Question about age limit for siblings to be on same petition as parents of US Citizen

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  • Question about age limit for siblings to be on same petition as parents of US Citizen

    Hello there,

    I am hoping someone on here can help me clear up some confusion that I have regarding immigration process for family of US Citizen.
    I will become US Citizen on May 19, 2014 through marriage. I would like to petition for my parents and twin brother. I have been getting confusing information age limit at which siblings can come along with parents. Some resources state 21 and other places I see they are saying unmarried siblings can join parents until they are 28. Which is correct?

    My brothers’ birthday is July 9th 1993 so they will be 21 years of age in 81 days (July 9, 2014). Will my brothers be able to come along with my parents if I file their petition on May 20, 2014?

    What is the current immigration law as far as unmarried kids coming along with parents?

    Thank you very much in advance for your assistance.

    Thanks,
    Ketan

  • #2
    Since you will be petitioning parents as a U.S. citizen petition, their children are not eligible for derivative visas. Parents of U.S. citizen petitioners are considered "Immediate Priority" status and that status does not allow derivative family members to receive visas under parents' "umbrella."

    The other "info" you offered about children up to 28 being allowed derivative visas to accompany parents is nonsense.

    Once here, either parent can turn around and petition their other children. If under 21 when their Priority Dates become current, they may be eligible for visas. If they turn 21 before visa class is "current," their visa approval may be subject to an "overage eligibility" formula calculated at the interview.

    --Ray B

    Originally posted by kdn103 View Post
    Hello there,

    I am hoping someone on here can help me clear up some confusion that I have regarding immigration process for family of US Citizen.
    I will become US Citizen on May 19, 2014 through marriage. I would like to petition for my parents and twin brother. I have been getting confusing information age limit at which siblings can come along with parents. Some resources state 21 and other places I see they are saying unmarried siblings can join parents until they are 28. Which is correct?

    My brothers’ birthday is July 9th 1993 so they will be 21 years of age in 81 days (July 9, 2014). Will my brothers be able to come along with my parents if I file their petition on May 20, 2014?

    What is the current immigration law as far as unmarried kids coming along with parents?

    Thank you very much in advance for your assistance.

    Thanks,
    Ketan

    Comment


    • #3
      Thank you for the reply Ray. So basically my parents would have to come first than they would file for my brother once they are in the US?
      Once they are in the US, can they petition right away?
      Normally how long does it take for unmarried sons over 21 if parent filing is permanent resident?

      Comment


      • #4
        Unmarried children over age 20, petitioned by a Permanent Resident parent, can expect a waiting period of 8 to 11 years (F2B class) before a "current" priority date.

        Yes, parents can petition right away, soon as they have the I-551 stamp in arriving passport.

        --Ray B
        \
        \
        Originally posted by kdn103 View Post
        Thank you for the reply Ray. So basically my parents would have to come first than they would file for my brother once they are in the US?
        Once they are in the US, can they petition right away?
        Normally how long does it take for unmarried sons over 21 if parent filing is permanent resident?

        Comment


        • #5
          Originally posted by rayb View Post
          Unmarried children over age 20, petitioned by a Permanent Resident parent, can expect a waiting period of 8 to 11 years (F2B class) before a "current" priority date.

          Yes, parents can petition right away, soon as they have the I-551 stamp in arriving passport.

          --Ray B
          \
          \
          Thank you again Ray.

          How about if I (us citizen) were to file for my unmarried siblings? Whats the waiting period than?

          Comment


          • #6
            If you are a U.S. citizen, you can petition siblings, married or not. But the waiting period for an available visa slot (for a sibling) is between 12 and 24 years, depending on the country whose citizenship they claim. I've picked up several siblings who were eligible for visa slots, in Philippines, who had been waiting 23 and 24 years.

            --Ray B

            Originally posted by kdn103 View Post
            Thank you again Ray.

            How about if I (us citizen) were to file for my unmarried siblings? Whats the waiting period than?

            Comment


            • #7
              Originally posted by rayb View Post
              If you are a U.S. citizen, you can petition siblings, married or not. But the waiting period for an available visa slot (for a sibling) is between 12 and 24 years, depending on the country whose citizenship they claim. I've picked up several siblings who were eligible for visa slots, in Philippines, who had been waiting 23 and 24 years.

              --Ray B
              Are you immigration lawyer? Can you be hired to give legal advice or is that against forum policy?

              Comment


              • #8
                Kdn,

                I'm not an attorney and I don't give legal advice. I only offer information on this (and other) forums based on my person experience.

                --Ray B

                Originally posted by kdn103 View Post
                Are you immigration lawyer? Can you be hired to give legal advice or is that against forum policy?

                Comment


                • #9
                  Originally posted by rayb View Post
                  Kdn,

                  I'm not an attorney and I don't give legal advice. I only offer information on this (and other) forums based on my person experience.

                  --Ray B
                  Thank you very much for what you do. Your help is very much appreciated.

                  Comment

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