Will my brother come

[Bangkok 5]

I applied for my mom and currently waiting for an interview.  I read somewhere on NVC that after my mom's interview she can request for a visa for my brother. Can someone explain this to me and what are the chances of it being approved. It's been almost 2 years since I applied for her. The process is so slow I just want both of them here already. Btw I did add my brothers name on the application.

[payxibka 10,045]

1 hour ago, Bangkok said:

I applied for my mom and currently waiting for an interview.  I read somewhere on NVC that after my mom's interview she can request for a visa for my brother. Can someone explain this to me and what are the chances of it being approved. It's been almost 2 years since I applied for her. The process is so slow I just want both of them here already. Btw I did add my brothers name on the application.

You read wrong 

[SusieQQQ 11,586]

How old is your brother? If he’s not married yes she can apply for an immigrant visa for him once she has a green card, but depending on his age that will take another 2-7 years

[Bangkok 5]

My brother is 16. I guess he'll miss the opportunity to go to high school in America. 

[SusieQQQ 11,586]

7 minutes ago, Bangkok said:

My brother is 16. I guess he'll miss the opportunity to go to high school in America. 

He will, but it’s generally a bad idea to change countries halfway through high school anyway. He should be here in time for college though. 

[Bangkok 5]

Children can immigrate (or adjust status, within the U.S.) at the same time as a parent if the child is eligible for an immigrant visa as either a:

• “derivative beneficiary” of a visa petition filed for his or her parent (in which case, the parent is known as the “lead beneficiary"); or
• “lead beneficiary” in his or her own right, if a petition was filed for the child directly.

When Children Can Immigrate as Derivative Beneficiaries

A child can be a derivative beneficiary if two requirements are met. First, he or she has to qualify as a child under U.S. immigration law. Broadly speaking, this means the child is unmarried (not just when the initial petition is filed, but all the way through approval for U.S. residence and/or entering the U.S. on an immigrant visa), under age 21, and either a biological, adopted, or step-child

[Bangkok 5]

So can you guys explain this derivative beneficiary rule! To me it sounds like the child can come or I'm simply misunderstanding it.

[Bangkok 5]

Who is a derivative beneficiary? A derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship. Who is an immediate relative?

[SusieQQQ 11,586]

4 minutes ago, Bangkok said:

So can you guys explain this derivative beneficiary rule! To me it sounds like the child can come or I'm simply misunderstanding it.

Your mother is an “immediate relative” category (IR5, parent of US citizen). Immediate relatives are not able to have derivatives on their petition. If your mom had been sponsored by a parent citizen or sibling then she would be in a “family preference “ category and then your brother would be eligible to be a derivative. 
 

 

Edited December 9, 2020 by SusieQQQ

[Bangkok 5]

1 minute ago, SusieQQQ said:

Your mother is an “immediate relative” category (IR5, parent of US citizen). Immediate relatives are not able to have derivatives on their petition. If your mom had been sponsored by a parent citizen or sibling then she would be in a “family preference “ category and then your brother would be eligible to be a derivative. 
 

 

Damn that makes sense and it sucks! I have a friend who said she came in the u.s 6months after her mom. I guess thats why.