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I-130 for my parents and under 21 sibling

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  • I-130 for my parents and under 21 sibling

    I am trying to file a I-130 for my parents. I know that I have to file one for each parent and plan on doing so. But I don’t know if I have to file one for my younger brother who is 15 years old. Would I file 3, i-130, one for each parent and my brother, or would I just file the two for my parents and my brother would just come with them. I can’t really seem to find an answer.

  • #2
    Parents of US citizens are in the Immediate Relative category which cannot have derivative beneficiaries, so no, your brother cannot "come with them".

    You could file a separate I-130 for your brother. Siblings of US citizens are in the F4 category which has a very long wait for visa numbers. According to the latest visa bulletin https://www.immihelp.com/all-visa-bulletins/, visa numbers are currently only available for F4 petitions filed almost 15 years ago (or even longer ago for people born in India, Mexico, or the Philippines).

    Either of your parents, after they enter the US with their immigrant visa, can immediately file an I-130 for your brother. An unmarried under-21 child of a permanent resident is in the F2A category which currently has no wait for visa numbers (though this can change). They will have to wait for the I-130 to be approved and then for the Consular Processing process to go through, and it can take a year or more after your parent files the I-130 before your brother can get his immigrant visa, even if there is no wait for visa numbers.

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