if I apply for a green card for my parents can my brother get one with them?

[BigDaddy28 228]

Hello

I want to ally for a green card for my parents to come to the US once i do my oath. I know i have to file I 130 but somebody told me that if i apply for only my parents, my brother can get the green card once my parents are approved as long as he doesn't turn 21 before they are approved.

Can you let me know if it's indeed right or not.

Thank you

[apple21 953]

No.

If you apply for your parents, your brother will not benefit from that petition since derivatives are not allowed in the immediate relative categories.

Separate i130 must be filed for each parent and sibling.

However, they will not immigrate at the same time. Parent petitions (IR5) take more or less a year while sibling petitions (F4) take at least 13 years.

What most people do is, once the parent receives the green card, that parent files i130 for his/her child. The child goes under the F2A category and will immigrate in a year or more depending on the movement of the visa bulletin.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html

[BigDaddy28 228]

Thank you apple21 for the reply. That's upsetting but oh well we can't change what the laws are lol. Thank you so much for the help.

[BigDaddy28 228]

One more question if a visa number is available before he turned 21 and he was here on F1 visa, can he still apply for the green card since the visa number is already approved and he is close to turn 21? or will his age affect tha visa number? Thank you.

[aleful 1,905]

hi

not if you apply for him since he has to wait until his priority date is current, and it takes over 12 years

now if you file for your parents, and they get the GC and one of them files for your brother, and he is here on a student visa, then he can adjust status in the US since he has been legally in the US during the whole process, he can file for adjustment of status if he is under 21 by your parent's petition and when his priority date became current