Can my husband bring my parents and my brother to live in USA?

Hello everyone ,

Thank you for your taking time to review my question, I got married to US citizen 2 years ago but I only got my green card about a year ago ,Since my parents are back home and getting old and my younger brother is very young (17age) to take care of my parents I really want my parents and my brother to come and live with us in US but since I am only a permanent resident I know i cannot file for their greencard yet I have to wait till my citizenship but meanwhile can my husband file for it instead of me?

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  • 7 years ago
    Favorite Answer

    No,

    he can't.

    In addition, if your parents are sick or so old that they are unlikely will be able to work at least 10 full years and pay into Social Security during this time, which is the MINIMUM in order to get any benefits, the consulate will refuse them any immigrant visa as it's the consulate's duty to make sure that no intending immigrant will every become a burden on the American people. In plain English, if you have become a US citizen and can petition for your parents and your brother, they will have to be young and healthy enough to work in the US full time for at the very least 10 years. If not, any Affidavit of Support will become secondary in nature and the consulate will ask you to prove that you have the millions it takes to take care of your parents 'til the day they die. Knowing that a single heart attack is now a $100K affair, you'll need to be very wealthy to pull this off.

    Here's the law for this:

    Age and Health of Prospective Immigrant

    Both USCIS and Department of State are required to consider the immigrant's age, health, and ability to support themselves when making the public charge determination. This requirement is based on INA section 212(a)(4)(B):

    Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

    (I) age;

    (II) health;

    (III) family status;

    (IV) assets, resources, and financial status; and

    (V) education and skills

    Only after considering these things, will DHS or DoS consider the affidavit of support:

    (ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

    Both the Adjudicators Field Manual (DHS) and Foreign Affairs Manual (DoS) refer to the "totality of circumstances", and specifically refer to INA 212(a)(4)(B). Some specific references in the Foreign Affairs Manual:

    9 FAM 40.41 N4.3 Family Status

    You should consider the marital status of the applicant and, if married, the number of dependents for whom he or she would have financial responsibility.

    9 FAM 40.41 N4.4 Applicant's Age

    You should consider the age of the applicant. If the applicant is under the age of 16, he or she will need the support of a sponsor. If the applicant is 16 years of age or older, you should consider what skills the applicant has to make him or her employable in the United States.

    9 FAM 40.41 N4.5 Education and Work Experience

    You should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any). You should consider the applicant's skills, length of employment, and frequency of job changes. Even if a job offer is not required, you should assess the likelihood of the alien's ability to become or remain self-sufficient, if necessary, within a reasonable time after entry into the United States. (See 9 FAM 40.41 N4.7.)

    9 FAM 40.41 N4.6-1 Aliens Subject to INA 212(a)(4)©/(D)

    An alien who must have Form I-864, Affidavit of Support Under Section 213(A) of the Act, will generally not need to have extensive personal resources available unless considerations of health, age, skills, etc., suggest that the likelihood of his or her ever becoming self-supporting is marginal at best. In such cases, of course, the degree of support that the applicant will be able and likely to provide becomes more important than in the average case.

    I personally make well into the 6-figures annually, but I could not afford to sponsor a parent.

    Source(s): An immigrant from Europe, I now live on the American Rivera in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, Calif.
  • Raelyn
    Lv 7
    7 years ago

    As noted, your husband cannot file for them. Moreover, parent immigrant visas and sibling immigrant visas are different. Parent visas have no quotas or wait time, so your parents' visas will be ready about a year after you file their petitions, but because the visas are quota-free, there are no derivative visas, meaning your sibling cannot tag along on their petition even though he is a minor. Either your parents leave him behind for several years until they become US citizens themselves and file for him or they remain with him in their home country until his sibling immigrant petition through you becomes valid for use 12+ years after you file. The long wait time owes to the very large number of people who want to follow immigrant family members like yourself. If they are in poor health, their visas are likely to be declined unless you can show financial means to pay for hundreds of thousands of dollars worth of health care, for they won't be eligible for Medicare if they don't work here at least ten years full-time.

  • Jan
    Lv 7
    7 years ago

    Nope. When you become a citizen you have to petition for them, your husband cannot petition for any of them.

    You'll have to prove at that time that you earn enough to support them all, including medical expenses for your aging parents. By the time you can petition for them, your brother will be too old to be included with your parents petition. If you petition for him, he will have at least a 12 year wait until he could get a green card through your petition and move to the US.

    Hopefully you and your husband are very wealthy, your parents medical care would be your responsibility, not the burden of the US taxpayers. If they have serous medical issues, your petition would be denied.

  • Lisa A
    Lv 7
    7 years ago

    No. Only you can sponsor your family. But only US citizens can sponsor parents or siblings. Siblung petitions take 12 to 24 years, depending on what country they are from.

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  • 7 years ago

    Unfortunately, your husband cannot sponsor your family members.

    http://www.nolo.com/legal-encyclopedia/sponsoring-...

  • John
    Lv 7
    7 years ago

    no.

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