Citizen filing for parents

I

immig1000

New Member
I want to start by saying thank you for providing this avenue. I have looked but haven't found my exact situation so here it goes. I am a citizen filing for permanent residency for my parents (I understand that there is no wait for visa number in this category) so I need to file a form I-130 and I-485 for both (they are in the states legally) correct? Now for the difficult part. I am trying to figure out how to file for my brother who is living with my parents and is 16. I understand that it is a 2b relationship if petitioned through me. However in reading there is the CSPA (which I know doesn't apply fully) however that implies that in an effort to keep the families together he will be granted an immediate visa with his parents. Is this assumption correct? If not how do I proceed in filing for him. Do I just do the I-130 and try to put him in private school? Or is he considered a derivitive under my parents so he will be fine? I have tried to include as much information as possible.

Thanks again
 
Your brother does not qualify neither as an immediate relative nor as a derivative from your parents. He can no get permanent residency at the same time your parents will.

He would be under F4 under you (which would take a LONG time to become current) and he would have to wait outside of the USA for a visa.

I-130 for him does not give him any legal status... once your parents become residents they can file I-130 for him (which still does not give him a legal status) but he still has to wait several years, outside of the USA.

Consult a lawyer, but your brother can not come.
 
Your assumption is totally incorrect.
If he is sponsored through you, he will be in category F4, not F2B. If through your parents, then it will be F2A. He has a pretty long wait in both scenarios. Waiting is the name of the game.

immig1000 said:
However in reading there is the CSPA (which I know doesn't apply fully) however that implies that in an effort to keep the families together he will be granted an immediate visa with his parents. Is this assumption correct?
Click to expand...
 
Last edited by a moderator:
You brother sould be 2A category as he is unmarried and under 21 years old. In that 4 years you have to wait to get his GC through your parent.
 
qa90 said:
You brother should be 2A category as he is unmarried and under 21 years old.
Click to expand...

He'd only be in F2A category if he is sponsored by an LPR parent. Until one of the parents gets their GC, the only sponsorship option is F4.
 
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