GC through younger brother?

S

S3ph3n

New Member
Hi guys,

I'm a 20 year old Irish student. I used to live in America, through my childhood 1993-2000 as my parents had a greencard. We moved back to Ireland in 2000 as my Dad got a better job. My parents however, didn't bother to become naturalized citizens :mad: so that greencard of course has expired and considered abandoned. Luckily my younger brother was born there and is an American citizen.

I'll have to wait 4 more years before he turns 21. My question is does he have to live in America for him to petition me? Because he'll most likely be studying in Ireland

Any advice would be greatly appreciated! :)
 
He has to live in the US to petition for you. In addition, there is an approx. 11 year wait for siblings of US citizens. Add the 4 years for him to turn 21, and that's 15 years for you to wait!
 
Once he turns 21, he can file an I-130 from abroad BUT in order to file an I-864 on your behalf he has to live in the U.S.

A visa will take 10 years to become available for you through him so it's 14 or more years away.

Have YOU approached the U.S. Embassy or Consulate to seek a returning resident (SB-1) visa? Because you were an LPR and you moved abroad only because it was your parents' decision, you may be eligible for that. Don't wait any longer, inquire immediately, the older you get the harder it is to get an SB-1 visa for this reason. Explore 9 FAM 42 (esp 42.22 N5 starting on page 15) as it relates to returning residents. Explore your options.

http://www.state.gov/documents/organization/87545.pdf
 
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