Quick Question on my Brothers situation.

E

EspoMan

Registered Users (C)
Hello guys, I had a quick question. My brother is 19 years old and has no GC nor a work permit. He entered the US 6 years ago with a VISA. His VISA expired a couple of years back. Well my question is the following, my father (No GC either) is getting married soon (to a USC, my step-mother) and I was just wondering if my brother would also be able to get his GC through my step-mother even though he is over 18 years old. If he does qualify would my father need to file two I-130s or just one.

thanks guys.
 
EspoMan said:
Hello guys, I had a quick question. My brother is 19 years old and has no GC nor a work permit. He entered the US 6 years ago with a VISA. His VISA expired a couple of years back. Well my question is the following, my father (No GC either) is getting married soon (to a USC, my step-mother) and I was just wondering if my brother would also be able to get his GC through my step-mother even though he is over 18 years old. If he does qualify would my father need to file two I-130s or just one.

thanks guys.
Click to expand...

Espo, bro. According to immihelp.com, he has to be under 18 for his stepfather/mom to sponsor his I130 /485.

http://www.immihelp.com/greencard/familybasedimmigration/index.html

not sure if this is outdated info, but mostly it's uptodate (in my experience).
If he did qualify, it's your stepmom (citizen) who wud have filed the I130, not father.



Btw, the answer to your other question is INDIA :cool:
 
Last edited by a moderator:
it's correct, he had to be under 18 at the moment of his dad's wedding in order to benefit from Dad's immigrant application.
 
Thanks guys. Once my dad gets his GC can he sponsor my brother or would my dad have to wait to become a USC to sponsor him, and if he would have to wait for my dad to become and USC, would my brother still quailify since he would be over 21.

Thanks again
 
EspoMan said:
Thanks guys. Once my dad gets his GC can he sponsor my brother or would my dad have to wait to become a USC to sponsor him, and if he would have to wait for my dad to become and USC, would my brother still quailify since he would be over 21.

Thanks again
Click to expand...

A PR can sponsor an unmarried son/daughter (no age limit). If the son/daughter gets married while the petition is pending, it would be cancelled.
A USC can sponsor both - a married and anmarried, son/daughter.
 
Anahit said:
A PR can sponsor an unmarried son/daughter (no age limit). If the son/daughter gets married while the petition is pending, it would be cancelled.
A USC can sponsor both - a married and anmarried, son/daughter.
Click to expand...
So to confirm, once my dad gets his GC he can sponsor my brother, how long does this usually take?

Thanks
 
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