I-130 203 a2b in a adult child of lpr

Sarah’s said:
My Grandmother filled the application for my Mom ,the beneficiaries is my Brother
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So your mom is a single parent and your brother is her son listed as a derivative on the petition? In that case whether or not he can come depends on whether he protected from aging out under CSPA seeing as he is already over 21. We will need more information for that - his date of birth, and date of approval notice (i797 ”notice of approval“ from uscis).
 
Yes my Mom is a Sigle parent , the Date of Birth My Brother is 09/21/1998 , The date of approval notice “ on January 4,2021
 
Are you absoluteiy sure that the i797 approval notice is only this year? Anyway if that is the case, then your brother has about 4 years 5 months protection under CSPA. That means he is eligible for a visa as long as his actual age is under 25 years 5 months when his priority date becomes current. Then (assuming you do not come from Mexico or Philippines) the priority date will probably be current sometime in the next year which means he will be eligible for a visa, and he even has quite some wiggle room even if it takes longer than this expectation. (Again - assuming all the dates you have given are correct)
 
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Ok, perfect - it all looks good then and your brother should be ok to go with your mom assuming the case gets current in time as looks almost certain. Remember he has to remain unmarried!
 
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