i just became US citizen. My uncle(mother's brother) filed petition for my mother 9 yrs back. My father and my younger brother were indirectly beneficiaries in that petition. There are still 3 yrs pending before the visa turn arrives for that petition. However, now my mother can become green card holder in immediate category because I am citizen. can my brother accompany her , because technically he has been in line for last 9 yrs too when my uncle filed petition for my mother. And If my mother becomes GC holder now, as a son of GC holder my brother is already 9 yrs antedate. Please advise if its possible and what needs to be done to proceed in this direction?
If your mother immigrated as an immediate relative, that was a disservice to your brother. Immediate relatives do not have "derivative beneficiaries.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Sorry, I agree with Mr. Shusterman ... there are no derivative visas available for immediate relatives.
I understand that you are hoping to have the CSPA help you ... again, Mr. Shusterman is the expert on this topic and I defer to him.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
He cannot come as a derivative on your petition for your mother. If she waits for your uncle's petition, he may be able to come depending on the timing of the case.
A petition will have to be filed in his behalf; however talk to an experienced immigration attorney to see if the old priority date can be used towards the green card application.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.