Green card for Under age brother.

[hamid_kh]

Hi,
I am US Citizen.
I wanted to bring my parents and my brother to US.
My brother is 16 years old.

If I apply for my parent immigration visa, does my brother get the visa at the same time as my parents because he is under 18 and they can come together to US?

They can not immigrate to US and leave him there. What does immigration law says?

Thanks

 

[Niral Modi]

US Citizen filing for parents & Brother

I had the same case, I am a US citizen and my parents and my brother are not.

From what I understand your brother is not eligible to get a greencard with your parents even if he is under 21.

What I did is I didnt even file for my brother. I filed for my parents they got their greencard in 11-12 months. (time may have changed I am talking about 2000)
Once they got theirs they applied for my brother its been almost 4 years and I am almost at the end of the process. He still has 4 months to age out and I hoping the process will be done in 2-3 months.

 

[TheRealCanadian]

From what I understand your brother is not eligible to get a greencard with your parents even if he is under 21.

Why not? So long as he is the minor dependent of the primary applicant, he can get one.

 

[hamid_kh]

Thank Niral for your reponse. You are right.
Actually, my parent went to Embassy yesterday. They rejected the application for my brother. They recommended that my brother get green-card through my parrents. I guess, he has to wait about 5 years.

Thanks

 

[TheRealCanadian]

Actually, my parent went to Embassy yesterday. They rejected the application for my brother. They recommended that my brother get green-card through my parrents.

Why did they reject the immigrant visa application for the brother? If his father was sponsored through EB immigration, the child would get an immigrant visa as a derivative applicant. Doesn't it work the same way for IRs?