Asked in Immigration Law for New York

Q: Hi, I am a US citizen 25 years old, I want to petition for only my brother and not my parents, brother age is 20 years.

I looked online and found some information saying that the sibling must be at least 21 years old if the petitioner wants to bring them to the US. Is that true?

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3 Lawyer Answers

A: A US citizen can petition for a sibling regardless of age

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A: The U.S. citizen petitioner must be over 21 years of age at the time that the Form I-130 is filed on behalf of the sibling. However, the beneficiary sibling does not have to be over 21 years of age.

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James L. Arrasmith
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Answered

A: You can petition for your brother even if he is under 21 years old. However, keep in mind that the petition process for siblings falls under the Family Preference Category, specifically the F4 category, which typically has a long waiting period due to annual limits on visas.

It's important to note that your brother's age will not affect the ability to file the petition. But because he is under 21, the waiting time may still extend until after he turns 21, depending on processing times and visa availability.

Make sure to submit all required documents and information accurately when filing the petition. The process can take several years, so it's good to be prepared for a wait.

Tim Akpinar agrees with this answer

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