One question-Brother turning 21 very soon!

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carbs

Registered Users (C)
HI, I'm new to these forums. :D I found some answers in the FAQ, but I still have a few questions.

Here's my brother's situation:
My father (a legal permanent resident) recently completed his 5th year as a permanent resident and can now apply for citizenship. He is residing in the US. My brother does not have any sort of documentation (no citizenship or permanent residency). He is turning 21 in October 2009 and residing in the US with my father. He has been living in the US since he was about 2 1/2 years old. He wants to apply to get his permanent residency card. What should he do? If my father applies for his citizenship asap, does my brother apply for a family based green card based on my father's permanent residency or does my brother apply for a green card when my father gets his citizenship? If my father gets his citizenship after my brother turns 21, does he have to apply for one as a relative that is over 21? Even if my father does apply soon, since my brother has been living here illegally, does my brother even stand a chance of getting a green card within the next 10 years?

He is visiting a lawyer next week and was wondering what questions he should ask and what he should expect the lawyer to tell him so he knows not to set himself up for disappointment or unrealistic hopes.

Thanks in advance, and great forums! In case you were wondering, I was born in the US so I have my citizenship (that's how my father got his green card).
 
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carbs said:
He is residing in the US. My brother does not have any sort of documentation (no citizenship or permanent residency). He is turning 21 in October 2009 and residing in the US with my father.
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Unfortunately, your brother is subject to the 10-year re-entry bar because he has accumulated over 365 days of illegal presence after his 18th birthday.

He has been living in the US since he was about 2 1/2 years old. He wants to apply to get his permanent residency card.
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Why did he not become a PR when his father did?

He is visiting a lawyer next week and was wondering what questions he should ask and what he should expect the lawyer to tell him so he knows not to set himself up for disappointment or unrealistic hopes.
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He needs to ask if there is anyway he can get around the 10-year bar. The only way I see is marriage to a US citizen. His father cannot help him.
 
Thanks for the quick response. I guess my brother will have to wait until he speaks with a lawyer to see what other options he has besides waiting 10 years. Thanks again.
 
if the father applies for his citizenship asap and obtains it before the kid turns 21, then applies for a minor child of a US citizen, the kid may have a chance to adjust before even turning 21.

Why didn't the father apply for his citizenship after 4 years and 9 months of residency??????
 
because the kid is out of status, and a petition by an LPR wouldn't help him get a GC. Only if his father gets his citizenship before he turns 21 and applies for his GC before he is 21 (and even after that one should really calculate whether the kid may accidently age out)....
 
what he means is - why didn't the father apply for his minor son as soon as he got GC? not "why didn't the father include him in his own petition as a derivative".
 
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