I have recently became a US Citizen. My parents are in Pakistan with a 20 year old dependent who in turning 21 in October of this year. If I file for my parents right now before the dependent turns 21, will they be able to bring the dependent with them even after his 21st birthday? In other words, if I file the petition before the dependents 21st birthday, will he still be accounted as a dependent after his 21st birthday since the application was filled prior to him turning 21?
U.S. immigration law does not allow dependents for "immediate relatives". The petition you would be filing for your parents would be in the immediate relative category (parent of a U.S. citizen), so while that would allow them to immigrate faster than other categories, it unfortunately would not permit them to have a dependent on their applications. This is the case regardless of your brother's age. If your parents immigrate, they can then file a petition on behalf of your brother. As it is very unlikely they will become residents prior to October, they will need to petition him in the F-2B ("Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents") category. Currently, this category is taking about 7 years for visa availability. Note that your brother would need to stay single to be eligible for this classification, at least until your parents can become citizens. Hope this helps, best of luck!
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There are no dependents on petitions for parents.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
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.
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