What are our options

[siamak_s 0]

My wife got her Permanent Resident status on Nov, 04, 2009. She can apply for her citizenship on Nov, 04, 2012. Her brother turns 21 on April, 03, 2013.

What are our options for being able to get him here? Originally we figured she would get her greencard and then her citizenship early enough that she would be able to apply for her parents and when her parents get it their children under 21 get it with them. But now it looks like we might miss that deadline and I know a sister applying for her brother takes a really long time

What are our options?

[aleful 1,905]

My wife got her Permanent Resident status on Nov, 04, 2009. She can apply for her citizenship on Nov, 04, 2012. Her brother turns 21 on April, 03, 2013.

What are our options for being able to get him here? Originally we figured she would get her greencard and then her citizenship early enough that she would be able to apply for her parents and when her parents get it their children under 21 get it with them. But now it looks like we might miss that deadline and I know a sister applying for her brother takes a really long time

What are our options?

from what country are they? anyway you look at it, her brother will be 21 when anyone can apply for him, and it will take years. she can still apply for her brother. he can have more than one petition at the same time.

There is a confusion on your part. even though she would apply for her parents, the petitions are separate, children under 21 aren't derivatives, so even if he was under 21, and she filed for her parents, her brother couldn't come with them. she would have to file a separate petition. he never could get the GC at the same time that his parents would.

her parents would first have to come to the US as LPR, get their GC and file for their younger son. he never can could have come with them anyway.

derivative status is when USC parents filed for married children, or USC siblings file for married siblings.

parents with younger children aren't derivative, the USC must file separate petitions. one for each parent and one for each sibling.

[siamak_s 0]

from what country are they? anyway you look at it, her brother will be 21 when anyone can apply for him, and it will take years. she can still apply for her brother. he can have more than one petition at the same time.

There is a confusion on your part. even though she would apply for her parents, the petitions are separate, children under 21 aren't derivatives, so even if he was under 21, and she filed for her parents, her brother couldn't come with them. she would have to file a separate petition. he never could get the GC at the same time that his parents would.

her parents would first have to come to the US as LPR, get their GC and file for their younger son. he never can could have come with them anyway.

derivative status is when USC parents filed for married children, or USC siblings file for married siblings.

parents with younger children aren't derivative, the USC must file separate petitions. one for each parent and one for each sibling.

She also has a 10 year old sister, does this mean she won't get a greencard either?

[aleful 1,905]

She also has a 10 year old sister, does this mean she won't get a greencard either?

correct,

she isn't derivative so she can't come with her parents. that's something that you'll have to take into consideration. would they come without their younger child? if not, then it's not worth filing for them now. she can file for her siblings separatly once she is a USC and when it's close for them to come, she can file for her parents separatly.

that's her only option.

[aleful 1,905]

correct,

she isn't derivative so she can't come with her parents. that's something that you'll have to take into consideration. would they come without their younger child? if not, then it's not worth filing for them now. she can file for her siblings separatly once she is a USC and when it's close for them to come, she can file for her parents separatly.

that's her only option.

of course I meant that it's not worth filing for her parents as soon as she becomes a USC, if her parents can't leave behind her younger sister. She can't come with them. So it's something that you'll have to think about.

[Boiler 43,397]

Wait until she gets her US Citizenship

Move to her country