Petition for mother including her son (12 yrs old)?

[N-400 0]

I am told that I could file a petition to bring my mother including her son as long as he is under 16 yrs old. Is this true?

[aaron2020 11,651]

I am told that I could file a petition to bring my mother including her son as long as he is under 16 yrs old. Is this true?

That's wrong. I think that used to be the rule a long time ago, but it is not the current rule. You would petition for your mother in the Immediate Relative category which does not allow for derivative beneficiaries; meaning you are petition only for that one individual. You would need to petition for your brother separately in the F4 family preference category (USC petitioning for a sibling) which takes about 12 years for most countries and much longer for Mexicans and Filipinos.

Your mother can also petition for your brother once she becomes a LPR. That would be a F2a preference category case that takes about 4-5 years for most countries and 7 years for Mexicans.

[TayRivers 4]

I am told that I could file a petition to bring my mother including her son as long as he is under 16 yrs old. Is this true?

That's wrong. I think that used to be the rule a long time ago, but it is not the current rule. You would petition for your mother in the Immediate Relative category which does not allow for derivative beneficiaries; meaning you are petition only for that one individual. You would need to petition for your brother separately in the F4 family preference category (USC petitioning for a sibling) which takes about 12 years for most countries and much longer for Mexicans and Filipinos.

Your mother can also petition for your brother once she becomes a LPR. That would be a F2a preference category case that takes about 4-5 years for most countries and 7 years for Mexicans.

I agree with aaron, there is no way for you to get your Brother here at the same time as your mother. Unless you file for your brother now and then once there is a visa number avilable for him you then file for your Mother. But given how long it takes for a siblings to get a visa, he will be an adult by then, he may not wish to come to the US.