Immigration Corner | Can my brother-in-law file for my family?

Dear Mrs Walker-Huntington,

I saw your contact in an article on immigration. I’m not sure how your services work; however, I’d be grateful if you’re able to provide a response to my question below.

I am a married adult with a child. My brother-in-law who is living in the US would like to sponsor his brother, our child and me. Is this possible? Would it be easier if he files for his brother only, who could later file for me and our child?

Looking forward to hearing from you.

DF

Dear DF,

A citizen of the United States is permitted to file a petition for their sibling to migrate to America. It is one of the relatives who can file for a family member. Additionally, US citizens can file for their spouses, minor and adult children and parents. Green card holders can file for their spouses and unmarried adult son/daughter and minor children.

When a US citizen sibling files for their sibling outside of the United States, any spouse and minor child of the intending immigrant is classified as a derivative beneficiary, and they are eligible to migrate with the primary beneficiary sibling. If the petition begins with the immigrant sibling being single and he/she marries or has children, those derivative beneficiaries can be added to the filing. Likewise, if the immigrant sibling should divorce during the process and remarry, it is the current/new spouse who will be deemed the derivative beneficiary and benefit from the filing process.

The downside here is that this is the family petition that takes the longest to yield a green card, because there are so many persons who are waiting all over the world for a visa in this category. It is currently taking approximately 17 years for a visa to become available in the sibling category.

As long as you remain married to your husband, when his brother’s petition is ready for visa processing you and your minor child would automatically be eligible for the immigrant visa.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com