Can my brother benefit from my parents application

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by boboclan, Jun 4, 2018.

  1. boboclan

    boboclan Registered Users (C)

    I am a USC and I am planning to apply GCs for my parents. I was wondering if I can include my brother who is unmarried and is under 21 years old or does he automatically qualify under the parents if they get it. If not what would be the best way to apply for him?
     
  2. SusieQQQ

    SusieQQQ Well-Known Member

    Immediate relative categories (which your parents will be) do not allow derivatives. So they will come and get their green cards, and then they can petition for him. It will be about 2 years if he still is under 21 and about 7 years if he is over by then. Both faster than you filing directly for him (sibling visas are 15 years +)

    Note as long as your parents are just LPRs and not citizens, he will need to remain unmarried to be sponsored by them.
     
  3. boboclan

    boboclan Registered Users (C)

    Thank you for replying. What if he turns 21 after they start the petition? Will that change the process from 2 to 7 years?
     
  4. SusieQQQ

    SusieQQQ Well-Known Member

    Generally yes, though there is some leeway allowed for some uscis delay (look up CSPA).
    Remember also your petition for your parents will probably end up taking around a year before the earliest date they can get green cards.
     

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