F4 Underage Brother

[aaron2020 11,651]

Ok as already mentioned above your brother won't be able to come with your parents because your parents are immediate relatives of a USC and anyone with an IR visa cannot bring other family members, even minor children.

The best thing you can do is file as soon as possible for your mother and father so that they can enter as LPR's as soon as possible. If your brother has family he can stay with, otherwise petition one of your parents first, the mom would be best. Again only if your brother can't otherwise stay alone or with someone else.

When your parents are LPR's, your mom can petition him (mom is easier) and your brother would be able to come as an F2A. The priority dates for this category for Mexico is 3 and half years right now so your brother may be 21 by the time a visa is available.

However, under the Child Status Protection Act, your brother may be able to have his age "freezed" as long as he is petitioned before turning 21. For Family Preference Categories, CSPA does not freeze anyone age when the petition is filed. CSPA ages freezes when the PD becomes current. So, even if the LPR parents petitions for him before age 21, CSPA does not freeze his age at that time.

I wouldn't bother petitioning him as your brother because that is taking way too long. Your parents would be his best bet since the F2A category is more favorable. As long as he doesn't get married or otherwise become ineligible for a visa he can immigrant under that category.

If he doesn't qualify for the CSPA when he applies for the visa, he would be downgraded to F2B which is taking much longer, but not as long as a sibling. Not the way it works. He automatically ages out into the F2b category when he turns 21. When his PD becomes current in the F2a category after he automatically ages out into the F2b category at 21, he can calculate to see if CSPA would allow him to retain the F2a category with a CSPA age of under 21.

Here is a link about the CSPA and the visa bulletin:

http://www.nolo.com/legal-encyclopedia/how-the-child-status-protection-act-cspa-helps-immediate-relatives-us-citizens.html

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

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

Ian H.

You joined this forum last month. I applaud you for trying to help, but you have been giving extremely bad answers in this and other posts. Perhaps, you need to do more research before you post.