Green card for parents of a citezen and brother below 21 years

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naseermd

New Member
I want to apply for green card from my parent and my brother who is 20 year old. Is it possible to include my brother as a dependent of my parents.

What is the process to apply for my parents and my brother. and How long it takes.
Do I need to go through a lawyer or can I apply by self.
If I go through a lawyer typically howmuch would it cost.
Can you guys suggest a good lawyer in NJ
 
naseermd said:
I want to apply for green card from my parent and my brother who is 20 year old. Is it possible to include my brother as a dependent of my parents.
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No. Your parents are Immediate Relatives, and there are no derivative beneficiaries for Immediate Relatives. Your parents will need to sponsor your brother once they get their Green Cards, in FB2.
 
HELP !!!! My Mom ( US GREEN CARD HOLDER ) sponsored I-130 for my brother

My Mom ( US GREEN CARD HOLDER ) applied an i-130 for my brother who was under 21 in Feb 7 2011. We got the I797 notice of action of approved I -130 in May 25th 2011. IT states the SECTION : UNmarried Child under 21 of permanent resident, 203 (a) (2) (A) INA......

I consulted with 2 lawyers and they told me since he was under 21 and his approval date is before he turned 21. His age is frozen as Child under 21.

So we are looking at the catergory F2a for the last 2 years and finally the priority date become current for the month of May 2013. We were really excited and now i am hearing on the forums about the Child Status Protection Act (CSPA).

I am just very confused and depressed.

My brothers DOB 8-31-1990.

Please help me understand this and please be up front about it. I hope the consultation i got from both the lawyers is correct.

Thank you
 
kkhan211 said:
I consulted with 2 lawyers and they told me since he was under 21 and his approval date is before he turned 21. His age is frozen as Child under 21.
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His age is not frozen forever if the petitioner is a green card holder. It's only frozen while the I-130 is pending. The I-130 was approved in 3.5 months, so he only gets a 3.5 month CSPA adjustment, which is not enough to keep him classified as under 21 given that he was born in 1990.

That means he is no longer in F2A, and has aged out into F2B.

However, if his mother became a US citizen before he turned 21, his age would be frozen at under 21 for the entire remainder of the process.

And find some different lawyers, unless you didn't explain that his mother is a permanent resident. They should know that the CSPA doesn't permanently freeze the child's age if the petitioning parent is a permanent resident, and the permanent age freezing is only if the petitioner is a US citizen (or becomes a US citizen during the process, before the child turns 21).
 
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