NEED ADVICE ASAP! Applying for parents and minor brother

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same problem, brother under 21

Hi, I have the same problem, but I didn't know when I applied for my parents that you have to apply for minor child a separate case. Well, my parents already have an interview day on 21 of this month, without my brother. They called to American Conculate and they told them that they (parents) should go for interview and live in 6 month and live my brother there until he'll gets his visa, which takes 12 years:) I spoke with a lawyer, he said that I have to apply for my brother as soon as posible and call to local Senator because they can speed up a process. I called Senator and they said that they know about this rediculous law and there is nothing what they can do. Even if it's a infant he/ she have to wait that long.
So, that is my story.
Tomorow I'm going to call a different lawyer again and already have an appointment with immigration officer on Wednesday.
I'll let you know how it went, hope it'll help.
 
Update on Situation

After listening to all these lawyers giving conflicting advice, I called the USCIS Customer Service Center and asked them as they would know best. They said to apply for parents but not for my brother because that would take years. In the form there is a list of all children and spouse of beneficiary in which the USCIS person said that my brother would be listed and whoever processes the forms always checks.

Then at time of interview, my parents need to bring him and all his supporting documents/passport along with theirs and have him sit outside while they are interviewed. During the interview they can bring up the topic. The USCIS person said that tey should give it to him as long as he is under 18 or 21 years of age. Actually he said it depends on the country where the interview is held. Typically they give it to the petitioner's brother/sister at the same time but if they don't and a new petition needs to be filed, then it takes around 6 months. Either way it is alot faster than my applying for him as a sibling.

I hope this helps.
 
Updayt on a Situation with a minor brother

Well...
My parents had an interview on June 21. My mom even sneaked my brother to American Consulate for interview without any paper work for him. The interviewer (consular) was really amazed. You know what mom can do for their children.
Any way, my parents have visas in their passports now, but not my 14 years old brother. More over, they have to live a country in 6 month that would be a December. So the consular said that the only way is, one of my parents should come here to US, receive a Green Card and then file a petition for a child then a hire a lawyer to speed up a process. Meanwhile I was doing my job. One of lawyers told me that I should work with Catholic community and try to do something through religion. So, I went to Catholic center and they give a list of private schools that work with foreign students and if school is willing to accept him they have to file I-20 Form. I even found a school but, my mom asked a consular if it is possible for him to get a student visa and he said NO, because when my brother will go for interview they will immediately see that his parents are in a computer with permanent residents. He’ll be rejected in student visa.
Today I spoke with another lawyer he told me that he can think of some ways to bring my brother here, but I have to tell him if I want to work with him and then he can tell me what he can do, as soon as I’ll say I want to work with you he’ll charge me $180 an hour.
If you have anything new please let me know.
 
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Update years later

Hello Saman_Der,
Your situation is actually the one I am going through right now. I know that this is several years later but I would actually really like to know what happened with your brother.

Im a US citizen and I am petitioning for my parents. My brother is 15 and and we would not like to leave him behind. I was told to file for my parents since filing for my brother would take a long time.
The best thing would be what you said, that in the interview my parents would bring up my brother and because he is under 18 they would either let him apply for permanent residency or start some type of paper work for him.

This is why I would really like to know what happened to your brother? How was he able to come to the US? Did it happened like you were told? In the interview, were your parents able to file another application for your brother?

I would really appreciate any feedback from you.
Vanessa
 
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