Can my brother(24) come to U.S., along with my mother when she becomes green card holder?

Asked over 1 year ago - West Long Branch, NJ

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?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    12

    Lawyers agree

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    Answered . If your mother immigrated as an immediate relative, that was a disservice to your brother. Immediate relatives do not have "derivative beneficiaries.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Eric M. Mark

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    Answered . 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.... more

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