CSPA case, I130

Asked over 1 year ago - Centreville, VA

My husband just got naturalized, and he would like to petition his mother let's assume that we send the petition next week, would his 20 years old brother be protected under CSPA , his brother will reach 21 after 8 months

Attorney answers (3)

  1. Olubusayo Kikelomo Fasidi

    Contributor Level 10


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . When your husband petitions for his mum, she will be considered an Immediate relative of a US citizen, this status does not allow beneficiaries of the I-130 petition, so your brother will not gain anything through this particular petition for your mother in law, that is why the CSPA will not apply.

  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . CSPA would not apply. A separate petition is required for the mother and the brother. The brother faces a wait of over 10 years before being able to immigrate.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Kira Gagarin

    Contributor Level 15


    Lawyer agrees


    Answered . The CSPA would not matter because his mother, as a parent of a US Citizen, is an immediate relative and, as such, her son would not be able to "piggyback" on her petition. He would need to immigrate on his own petition, which would be a sibling of a USC and the waiting times for that category are over 10 years under the current laws. Good Luck.

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