If I’m a US citizen and am currently filing form I-130’s for both of my “foreign national” parents, would my minor brother 15 years old be able to covered under the same umbrella?

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If I’m a US citizen and am currently filing form I-130’s for both of my “foreign national” parents, would my minor brother 15 years old be able to covered under the same umbrella?

Filing the form for both of my parents is the simple part and would only take approximately 5-12 months. When I was doing the USCIS.gov research it appears the answer is no and sibling sponsorship is currently 14 years based on VT service center. Can anyone please confirm as I’ve heard certain stories that minor children can go with their parents. I don’t know if there’s any exceptions circumstances out there that I’m not aware of.

Another factor is that my minor brother is currently in the States studying high school on F-1 visa. Would this makes any difference?

Asked on September 30, 2015 under Immigration Law, Massachusetts

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Minor children would not be able to immigrate with the parents who are beneficiaries of an approved I-130 petition.  A separate petition would have to be filed on behalf of each sibling and it does take about 10-12 years.  Alternatively, the parents can file for the minor siblings once the parents get permanent residence.  If the person is already in the US in F-1 status, that person can eventually immigrate on the basis of an employment-based petition after graduation.


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