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 attorney to discuss your individual case.
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.
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.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
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 .