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parthptl

US Citizens parents' child and green card questions

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2 minutes ago, parthptl said:

Hello, lets say if you are the US citizen(married to US Citizen), and are filing for Parent's green card, but have a brother who is under 21 un married. Will he get the green card as well? 

 

I am confused on USCIS rules. 

 

Please , let me know. 

Not under the same preference category which means it won't happen at the same time as the parents 


YMMV

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15 minutes ago, parthptl said:

 

oh, so, how long does he have to wait? 

Parents will have to sponsor him separately once they get green cards. As long as he’s still under 21, approx 2 years from when they file. Over 21 it gets much longer, like 6-7 years.

(you could sponsor a sibling visa but that’s more like 13-14 years)

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12 hours ago, parthptl said:

Hello, lets say if you are the US citizen(married to US Citizen), and are filing for Parent's green card, but have a brother who is under 21 un married. Will he get the green card as well? 

 

I am confused on USCIS rules. 

 

Please , let me know. 

Being married to a USC does not matter when a USC files for a parent.

 

When you as a USC files for your parent, only your parent is eligible for a visa.  Derivative beneficiaries are not allowed, so your brother will not be eligible for a green card.

 

When your parent becomes an LPR, then that parent can file a new case for an unmarried child.  

How old is your brother?

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1 minute ago, aaron2020 said:

Being married to a USC does not matter when a USC files for a parent.

 

When you as a USC files for your parent, only your parent is eligible for a visa.  Derivative beneficiaries are not allowed, so your brother will not be eligible for a green card.

 

When your parent becomes an LPR, then that parent can file a new case for an unmarried child.  

How old is your brother?

he is around 17 years old. Will be 18 in January. Thanks for the info! so, even with the LPR parents are allowed to file? How long is that timeline? Also, can he get visitor visa or student visa in this case? 

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1 minute ago, parthptl said:

he is around 17 years old. Will be 18 in January. Thanks for the info! so, even with the LPR parents are allowed to file? How long is that timeline? Also, can he get visitor visa or student visa in this case? 

An LPR parent can file for an unmarried child.

 

Follow the Visa Bulletin.  It takes about 2 years to bring an unmarried child under age 21 to the US in the F2a category.  It takes about 6-7 years to bring an unmarried child over age 21 to the US in the F2b category.

 

If your brother turns 21, he will age out into the F2b category.  CSPA may help him retain the F2a category.  THIS IS COMPLEX AND THERE IS NO WAY TO KNOW AHEAD OF TIME.  

 

For a visitor visa or a student visa, he will need to show that he will return home after.  Unlikely with LPR parents who are petitioning him.  Don't count on these.  Does your brother have $20,000 per year for a US college?   Everyone has to wait.  There are no shortcuts to immigrate to the US. 

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52 minutes ago, parthptl said:

Thanks for the info! so, even with the LPR parents are allowed to file? How long is that timeline? 

I had already answered this above... it's nice to read responses to your questions after you post them... 

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