How do I bring my family to the US?

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Old Nov 29th, 2008, 03:53 AM   #1
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Confused How do I bring my family to the US?

I recently became a US citizen and will like to sponsor my family in
India. Other than my parent I have a 25 yrs old and 14 yrs old brother.
My parents also adopted a child who is 8 yrs old.

1- Do i have to fill out the I-134 for for each person? What paperwork will
I need?

2- How do I sponsor my adopted brother? What paperwork will I need?

3- Is the fee based on each form submitted or one fee for the whole family?



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Old Nov 29th, 2008, 04:38 PM   #2
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Default Re: How do I bring my family to the US?

Quote:
"A US Citizen can file a petition for a spouse, child, or parent."

"The US Citizen sponsor submits a petition to the BCIS for each Immediate Relative being sponsored together with the required proof of the relationship and proof of the citizen status."

"A sibling is a brother, sister, stepbrother, stepsister, or adopted brother or sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became "children" at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren)."
Related info from the web:

Immigration through a Family Member -- Overview and Process

Immigration through a Family Member


Overview and Process

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.

The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.

If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

Eligibility

In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
  • They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
  • They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
  • If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:

    == Husband or wife
    == Unmarried child under 21 years of age
    == Unmarried son or daughter over 21
    == Married son or daughter of any age
    == Brother or sister, if the sponsor is at least 21 years old, or
    == Parent, if the sponsor is at least 21 years old.
  • If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:

    == Husband or wife, or
    == Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories

If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
  • First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  • Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
  • Third Preference: Married sons and daughters of U.S. Citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. Citizens.

Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.


How Do I Bring a Sibling to Live in the United States?

How Do I Bring a Sibling to Live in the United States?

Definition of a Sibling

A sibling is a brother, sister, stepbrother, stepsister, or adopted brother or sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became "children" at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren).

Overview of the Immigration Process

A legal immigrant (or "lawful permanent resident") is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your brother or sister to become a legal immigrant:

1. The USCIS must approve an immigrant visa petition that you file for your brother or sister.

2. The State Department visa bulletin must show that a sibling immigrant visa is available to your sibling, based on the date that you filed the immigrant visa application.

3. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

Depending on the relationship and the country involved, the wait for an available sibling visa number may be several years. You may refer to the Department of State's Visa Bulletin for current priority dates.

For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant visa numbers, please see How Do I Get an Immigrant Visa Number?

What Does the Law Say?

The Immigration and Nationality Act is a law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant visas for siblings, please see INA § 203 and INA § 204. The specific eligibility requirements and procedures for applying for immigrant visas and permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.1, 8 CFR § 204.2 and 8 CFR § 245.

Who is Eligible to Sponsor a Sibling?

If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to apply to bring your brother or sister to live and work permanently in the United States.

How Do I File the Visa Petition?

For more information on how to petition for your brother or sister to live in the United States permanently, please see the Petitioning Procedures.

How Can I Check the Status of My Visa Petition?

To check the status of your visa petition, you will need to contact the USCIS office that received it. Full instructions can be found at Finding the Status of Your Case.

Can Anyone Help Me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit. In addition, please see the USCIS web page that provides information on obtaining free legal advice.

USCIS Home Page
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Old Nov 29th, 2008, 05:02 PM   #3
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Default Re: How do I bring my family to the US?

A BRIEF LOOK AT HOW FAMILY IMMIGRATION WORKS

Source:

Law Office of Richard Madison

Send e-mail to rmadison@lawcom.com



Immigration and the Family

Part 1: Sponsorship by a US Citizen

We suggest you first read "Immigration Processes. A brief review"

This can be fairly complicated so you are warned: confusion is very possible here.

Family immigration usually begins when a relative files a paper with the US Immigration Service. The paper is called a Petition and the person who submits it is called the Petitioner or the Sponsor. The person being sponsored (who benefits from the Petition) is called the beneficiary. The Priority Date is the date the petition is submitted to the BCIS.

Who in the family can be a sponsor?

Only certain family members can be sponsors. A sponsor must be a legal resident (green card holder) or a US citizen. Here in Part 1, we'll discuss US Citizen sponsors. (We're talking about sponsorship by family members only not by employers.) For information about sponsorship by Permanent Residents, see Part 2

Which family members can be sponsored by a US Citizen?

A US Citizen can file a petition for a spouse, child, or parent.

TABLE showing some of this information

Immediate Relatives

The Spouse (husband or wife), the child (if under 21 years old and unmarried), and the parent of a US Citizen are called Immediate Relatives. They are the relatives of a US Citizen who are exempt from waiting for immigrant quotas. There is never a waiting list or a shortage of immigrant visas (green cards) for Immediate Relatives. They do not appear in the Visa Bulletin preference quota lists since the quota preference system does not apply to Immediate Relatives. They are admitted to permanent residence without any numerical or national limitation.

Basic petition procedure for immediate relatives of US citizens

The US Citizen sponsor submits a petition to the BCIS for each Immediate Relative being sponsored together with the required proof of the relationship and proof of the citizen status. Approval of the petition allows the beneficiary to apply for an immigrant visa at a US consulate or if in the US, to apply to the BCIS for adjustment of status to resident without regard to quotas or waiting lists.

US Citizen Preference Cases

A US Citizen can also sponsor a son or daughter who is 21 years old or over, a married son or daughter of any age, and a brother or sister. These are not Immediate Relatives. They come under the immigrant quota preference system. The 21 year old or over unmarried son or daughter will be in the Family First preference (F1). The married son or daughter of any age will be Family 3 (F3), and the brother or sister will be Family 4 (F4).

Technical Note: The difference between a "Child " and a "Son" or "Daughter."

In US immigration law when a child turns 21 or gets married, the child becomes a "son" or daughter" and is no longer a "child." A "child" is defined as being under 21 and unmarried. Despite this technical definition, in this discussion we'll sometimes refer to the offspring of a sponsor as a "child" no matter what age or marital status.

Recent quotas for citizen sponsored family preferences

Recently, the preference for an unmarried son or daughter of a US Citizen (Family 1) has had a backlog of about a little over a year (Mexico is about 5 years behind and the Philippines is about 11 years.) The preference for married sons or daughters (Family 3) now has a waiting list of about 3 and a half years (except for Mexico and the Philippines which is longer.) The wait for a visa for the brother or sister of a US Citizen (Family 4) has historically been so long as to make it almost useless as a means to immigrate. It has a backlog of about ten years with longer waits for India, China, and the Philippines.

Derivative Status

Beneficiaries of preference petitions can give Derivative Status to their own families. Derivative status allows the beneficiary's family to get immigrant visas without their own separate petition. As an example, if a US Citizen sponsors his married son (Family 3), not only does the married son get a green card but also the son's wife and children, all from the one petition for the son.

Only preference petition beneficiaries get derivative status. Immediate Relatives are not in the preference system so they do not get derivative benefits. Because of this, the US Citizen sponsor must file a separate petition for each Immediate Relative.

How Preferences Can Change

Family preferences can change. When an Legal Permanent Resident petitioner becomes a US Citizen, petitions for family members are automatically changed to the categories for citizen sponsors (the beneficiaries go into Immediate Relative, Family 1, or Family 3 categories).

When the child of a US citizen becomes 21, the child is automatically changed from Immediate Relative to Family 1 status.

When a child gets married, that son or daughter drops from Immediate Relative (or Family 1 if he/she was already over 21) to Family 3.

What date determines what category a person is put into?

The critical date that determines how a person is treated for an immigrant visa is the date the person first enters the US with an immigrant visa (not when the visa was issued by the consul). If the beneficiary is already in the US, the critical date is the day on which the applicant's status is to be adjusted to permanent resident (not when the adjustment application was submitted.)

Warning about family petitions and preferences. This is a very brief introduction to a very complex area. We have not discussed any of these topics in depth nor have we discussed special relationships such as step-children, half-brothers/half-sisters, adopted children. Be careful, ask questions...make sure you understand the system before acting ...and get good advice...

Send e-mail to rmadison@lawcom.com

© Richard Madison 2003
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Last edited by sandra; Nov 29th, 2008 at 05:09 PM.
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Old Nov 30th, 2008, 09:37 PM   #4
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Default Re: How do I bring my family to the US?

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I recently became a US citizen and will like to sponsor my family in
India. Other than my parent I have a 25 yrs old and 14 yrs old brother.
My parents also adopted a child who is 8 yrs old.

1- Do i have to fill out the I-134 for for each person? What paperwork will
I need?

2- How do I sponsor my adopted brother? What paperwork will I need?

3- Is the fee based on each form submitted or one fee for the whole family?



Thank you!

First, congratulations on becoming a US citizen. I'm sure you are thrilled and would like to bring your family here ASAP.

You will have to file for your brothers, however, in the family-based fourth preference category, which has a very, very long wait. It is currently over 10 years!

In general, you will need a separate I-134 for each person you sponsor.

Likewise, you will need a separate I-130 form and filing fee for each person you sponsor.

When it comes to adoption, US immigration law is very particular. When was your 8-year old brother adopted and how long has he lived with your parents?
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Old Nov 30th, 2008, 10:17 PM   #5
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Quote:
In general, you will need a separate I-134 for each person you sponsor.
I've attached the instructions for the I-134.
Attached Files
File Type: pdf i-134.pdf (113.8 KB, 224 views)
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