Need to apply for brother's Immigration. What will be the better route?

Asked over 1 year ago - Chicago, IL

Hi, I am a Naturalized American Citizen and my father is a recent Immigrant to the United States. I have a younger brother who is 28 years old with the family. If I want to apply for him, what would be the better route? Should my father apply for him or should I apply for him.
Please let me know.
P.S. My Brother and his family holds the Pakistani citizenship and reside in Saudi Arabia.
Thanks,

Attorney answers (5)

  1. Stephen D. Berman

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . If he is married, you can file, your father cannot. If he is single, your father can apply, but he cannot get married until your father becomes a US citizen. If he has a bachelor's, try bringing him on an H1b.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

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    Answered . I agree with attorney Berman. Whether your father can file depends on if he is married. Green card holders cannot file for married sons or daughters. You should file all available petitions for him as one can never know which will move faster. Also the suggestion that he come on h1 is great for the interim period while he is waiting for those petitions. Good luck!


    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  3. Philip Alan Eichorn

    Contributor Level 19

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    Answered . Both your petition and your father's petition would be subject to preference categories and the wait times are not palatable. When my office is confronted with this issue, we routinely file both.

  4. Dean P Murray

    Contributor Level 18

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    Answered . I agree with my colleagues - file both petitions. If this answer was helpful, kindly consider showing your appreciation by marking it BEST ANSWER or HELPFUL. Call me with any additional questions. My contact information is in my profile here on Avvo.

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Michael E. Piston

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I am assuming here that your father got permanent residency because you or one of your brothers or sisters applied for him or he got it through the divesity visa. If he got it in some other way, let me know, because then there may be a faster route for your brother .

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