i am us citizen can i appply for my parents and my 20 year old brother in one process to get the green card, i already sent the paper and everything they ask me to, but i also included my brother, he has been living with me here in US since 2 years ago as F1- international student, his visa already expired but he is still legal with a I-20 form keep studying, well the thing is i told my parents that at the time that they have the interview they may include my brother as dependent under my parents. they sent me a letter which it says that the papers are being processed, i know my parents will become green card holders soon but i am wondering about my brother im not sure if it will work i hope it will otherwise he will be screwed
Your parents are your immediate relatives under immigration definitions. Petitions for immediate relatives generally do not allow derivative beneficiaries (such as your brother). While immigration officials have great discretion in granting approvals, your brother likely will not be coming with your parents.
Your brother is not your immediate relative under immigration definition. For him to adjust status in the US through a petition filed by you, he would have to be in a valid immigration status. Petitions for siblings are now taking at least 12 years for most countries and nearly 20 years for some countries.
Once your parents receive legal permanent residency, they can file a petition for their son (your brother). Their petition may take a few years.
You can review the Visa Bulletin to see the approximate wait times for the various visa preferences. The Bulletin is free at http://travel.state.gov/visa/bulletin/bulletin_... .
You can review your specific facts with your attorney to see what legal options there may be.
I will agree with my esteemed colleagues. I will add that by applying for your brother, you might jeopardize his chance of renewing his student visa. An F1 visa does not allow dual intent.
Founder and Managing Attorney of Shah Peerally Law Group PC
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