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I'm a American Citizen over year can I apply form I-130 for my brother and his son and daughter? If yes how long is the process?

Houston, TX |

My niece is 18 and my nephew is 28. Thank you so much! Jane.

Attorney Answers 4


  1. Best answer

    You may file an I-130 for your brother. Unfortunately, he will need to wait a long time before he will be eligible to apply for permanent resident status. It's impossible to say how long, but currently the best guess would be 10 years or more. There could be changes to immigration laws that could change the situation, but we don't know if there will be any changes and, if so, what they will be. Your brother's children might be out of luck on your brother's application, but perhaps they might find some other way to gain permission to come to the United States, if they wish to do so.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. Brother? Yes
    Niece? Maybe, but unlikely.
    Nephew? No.

    The process will take over ten years. Whether the niece can immigrate will depend on what her age is at the time the priority date becomes current after the application of the CSPA calculation.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. You can apply for brother and his minor children (will be included in the application). However, it will take them a very long time to get green cards.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  4. Yes, you can file for your brother, your nephew cannot be a derivative, but your niece can. The process takes 13 years for most countries.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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