Hi there! I'm hoping this question makes sense as it's a little complicated to explain!
My husband has recently filed an I-130 for both of his parents. He has two older half-brothers, one from each parent from their previous relationships prior to their own marriage. Looking into the future, his parents would be thinking of filing for both sons separately either as permanent residents or citizens when the time comes.
His Mom has an older son in Honduras who is around 30, never married, with one daughter (and is still currently in a relationship with the mother of the daughter).
Additionally, his Father has an older son in the United States around the same age who has never married. However, this son entered the US illegally and remains presently.
My questions are the following:
-For his older half-brother in Honduras (Mom's son), is it best for his Mom to file immediately as a permanent resident? Or wait to become a citizen? If she hits the five-year mark and is eligible for citizenship, would she need to wait to file for citizenship until her son's visa is processed? Lastly, would this son's daughter be eligible as a derivative?
-For his older half-brother in the United States, would he be eligible as he is currently present in the US illegally? If so, what kind of ban would he be facing and is there a waiver for it that is likely to be accepted?
My apologies for the lengthy post, I would appreciate any feedback at all!