I want to bring my parents and my brother to the US. HELP

[BigDaddy28 228]

Hello

I just had my interview and I'm still waiting for oath. I'm planing to bring my parents (and my brother) as permanent residents. The problem is my brother is 19 and he turns 20 in April 6th. Is there any chance that he can get his permanent residence through my parents (once they become residents) or will it be to late?

The F2A visa availability is september 2013. How long does the process takes once a visa number is available?

Thank you.

I know it's hard question.

[Hypnos 6,578]

From your timeline it's going to be a very tight path to petition your parents, process their approval, have them enter, have them file an F2A I-130 for him and have it approved before he turns 21. CSPA will help a little, in that you will be able to deduct the processing time of the I-130 your parents file for your brother from his biological age, but there's no guarantee it will all work out.

They may have to just petition him under F2B instead and have him wait a few more years until he is able to legally immigrate.

Edited January 5, 2014 by Hypnos

[aleful 1,905]

hi

they will always will be able to file for him as long as he is unmarried, the problem will be in what category will he be, F2A or FB.

My guess is that he will be F2B because until you file for your parents after your oath ceremony and they are able to come to the US and they file for him and he has his interview, he will be 21

I hope he can adjust in time for F2A, unmarried children under 21, if not he will have to wait more years

[BigDaddy28 228]

Ok I have a question if I file I 130 for him and he gets a visa number available for him will he be able to come on a visa and then adjust status here? Correct me if I am wrong. And thank you so much for your help.

[BigDaddy28 228]

Never mind I just found out they are processing visas since 01 lol

[aleful 1,905]

hi

no, and it's not worth it, since it takes 12 years if you file for him as sibling

he cannot adjust status in the US neither from you or your parents

the only way would be if he entered the country on a work or student visa and be legal all the time until his priority date became current on your parent's petition, but having all his family living here, that would be very hard

[BigDaddy28 228]

One more question maybe this is a little crazy: If a visa number is available can the applicant come on visa and then adjust status here or no?

[NigeriaorBust 4,087]

If the applicant happens to be in the US when a number is available they can interview in the US ( for example your brother is on a student visa when his number is current ) But he can't come to the US and overstay a visa and then adjust status.

[Hypnos 6,578]

As stated, he needs to be in a valid nonimmigrant status for the entire time he is in the US to be able to adjust status when a visa number happens to become available to him. Even one day of overstay renders him ineligible to adjust, unless he is the beneficiary of an immediate relative petition (and right now he isn't).