Filing for unmarried son

D

dp9414

New Member
I am a US citizen and have filed I-130 petition for my unmarried brother (26 years old) in 2003. My parents just came to the US and have greencard. My question is can they also apply for their son as unmarried son? If so, what form do they use and how long will it take before he can come to the US. Also, once they become citizen after 5 years, can they apply for change of status and speed up the process?

One more question, if my brother gets married before this time, will it affect the time it takes for the process. Appreciate any insight on this. Thanks.

dp
 
Parents can file I-130 for the unmarried children under or over 21yrs. But until the petition is apporved the beneficiaries cannot live in US under the pending I-130 status, which does not exist.

In other words unlike parents and spouses of USC, the beneficiaries have to wait for their Priority Date to be current to apply for I-485, which will allow them to work and live until it is granted.

If the child has to live in US while their I 130 is pending they have to maintain valid legal status like F-1 or H-1 etc.

Unlike the parents and spouses of USC, the illegal status is not pardoned for the children.

Oh, one more thing, if the beneficiary gets married while their I-130 petition is pending, then it will get revoked automatically. Of course, the parents can reapply again once they get the citizenship. They will loose the old priority date.

If the beneficiary is still unmarried and the parents have acquired the citizenship, they can always immediately upgrade the petition with the old priority date.
 
Can GC holder parrents file for married son?

Thanks for your response. I have one more question. So if my brother is planning to get married in the next year or so, does it make any sense for my Greencard holder parrents to file I-130 petition?

Also, from what you are saying it looks like they cannot aply for a married son until they become citizen. Is this true?

dp
 
Green card holders or Permanent Residents cannot apply for married son and daughters, only unmarried sons and daughters, children and spouses.

But US citizens can apply for married sons and daughters, that is why needurhelp says "until they become citizen".

To apply or not is your family decision and should include your brother who must think if he is going to get marry or not and if it's worth it.
 
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