Sponsoring my mother and my brother, who is a 'special child'

[samadss]

I am a naturalized US citizen. I would like to sponsor my mother and my brother, who is a special child. My brother is fully dependent on my mother and can't live without her. As I understand if I sponsor my mother she will get green card in 4-5 months. However, my brother won't get it for 10 years. Furthermore, I also understand that if i apply for his GC, then he won't get visit visa any more. Can someone please confirm that my understanding is accurate? And that more importantly is there a provision or preference for 'special children' who are dependent on their mothers who have green card?

Can you also please share any other strategies to help me sponsor my mother and my brother? Most of my relatives have left Pakistan, and i would like my mother and my brother to come and stay with me.

Thank you so much.

 

[Triple Citizen]

Once there is an I-130 in the system it usually mean the end of B-2 visas. There are always exceptions but do not count on it.
With regards to a provision for 'special children', I am afraid it does not exist. How old is your brother?

Can someone please confirm that my understanding is accurate? And that more importantly is there a provision or preference for 'special children' who are dependent on their mothers who have green card?

 

[newacct]

However, my brother won't get it for 10 years.

Yes. But if your brother is unmarried, there is another faster way: your mother, once she enters the U.S., immediately petitions your brother herself. He will be in the F2B category, which has a wait of 6.5 years. (If he's under 21, he will be in F2A, which has a wait of 1-2 years.)

Furthermore, I also understand that if i apply for his GC, then he won't get visit visa any more.

Not necessarily. People in categories with really long wait, like the sibling category, are often able to get tourist visas, at least in the first few years. Remember that not having immigrant intent means not intending to use an entry on this visa to immigrate; intent to immigrate in the future not using this visa is fine. The duration of stay of B2 is so short (6 months), and he would need to be in status to do Adjustment of Status, so entering on B2 could not possibly help him legally immigrate on that entry unless he was within 6 months of the priority date being current anyway.

 

[samadss]

Thank you so much for your helpful replies. My brother is 41 years old.

 

[fairyfloss]

I would like to continue this post as I have a similar case to the owner of this thread. I hope you don't mind me asking the same question on here. I am planning to help my parents and sister who is a “special need” to come to US. I am a LPR and at the moment I have a couple of options to sponsor them. I am hoping I can get some input on which option would be best for me.

Option 1
My father or mother could apply for L1 visa. Both of them qualify for it but let’s say my father will. Once he gets his L1 visa, he will apply for green card. He could possibly get his green card within 1 year and sponsor my mother and sister to come to the US. My sister is 19.5 years old now and by the time my father gets his green card, she could be over 21 years old. To my understanding, my mother will be eligible for IR-1 visa and my sister will be eligible for F2B visa. The waiting time for my sister could be 9 years (1 year L1 visa + 1 year green card application + 7 years waiting on F2B visa).

Option 2
I become a USC and sponsor my sister. I just got my LPR this year, to my understanding I can’t apply for USC for 3 years. With this option, my sister will have to wait for 15 years to get her F4 visa (3 years of my USC waiting + 12 years waiting on F4 visa).
Do I understand the above correctly? Is there any other way to sponsor my sister faster than the above? My sister is a “special need”, she has a mental condition but she is physically well. Is this going to prevent her from getting green card? For example: Is she gonna be able to pass medical exam and interview process? My sister needs supervision and dependent to my parents because of her condition.

Any suggestions and feedback will be greatly appreciated. Thank you!