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I am a US Citizen and wants to bring family to US from India including brother older than 21.

Fort Wainwright, AK |

I have done some research and know how to file I 130. My younger brother is 23. I know it takes around a year for parents and spouse to come US but how much time does it take for siblings of 21 and older?

I have family friends back in India and they had similar case. They told me that if I want to bring my brother with my parents within one year then there is some special procedure to bring sibling of 21 and older.

They hired attorney in India for the same.

My question: Is there anything we need to do in term of special application or forms to bring siblings early?

Thank you,

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Attorney answers 4

Posted

They probably applied for humanitarian parole. Perhaps there was a disability or other urgent need. Otherwise, there is only one visa category for siblings, and it makes no distinction between married, single, under 21 or over 21.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

Your brother will not be able to immigrate through a petition filed by you for at least 10 years due to limited visa availability. There is no special procedure to bring a sibling any faster aside from your parents petitioning for him upon obtaining residence.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Posted

I agree with my colleagues. They are absolutely right.

This advice does not create an attorney client relationship. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. A lawyer-client relationship will not be deemed to exist until such time as a written retainer agreement has been executed by an authorized representative of this firm, or until the firm otherwise agrees to and actually begins rendering services on a clients' behalf.

Posted

I agree with the other attorneys answers and would add that a sibling of a U.S. citizen falls under the Family-Based 4th Preference Category. For those from India, the current backlog for that category is about 12 1/2 years, but that wait time will change every month, depending on how many visa petitions are received for that category. For unmarried sons/daughters of permanent residents (F2B category), the wait time is about 5 years less, so it would probably be a good idea for your parents to petition your siblings after your parents become permanent residents. You can check the visa bulletin at http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-march-2014.html

Without doing a consultation during which I can get more details about your situation, I am unable to give you accurate or complete legal advice. This blog post should not be construed as legal advice, and no attorney-client relationship will be formed unless we sign a representation agreement.

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