I am a US citizen and want to apply for my brother, is it true that through my parents (green card holder) is faster? - Immigration Law Questions and Answers- LawQA.com

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I am a US citizen and want to apply for my brother, is it true that through my parents (green card holder) is faster?

I am a US citizen and wants to apply for my brother who is overseas.

Havens & Lichtenberg PLLC
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Yes, it is true: if your brother is over 21 and not married, his permanent residents parents' petition can result in an immigrant visa for him in 3.5 to 4 years faster than your petition. Keep in mind, though, that, if your brother is married, you can petition for him but your parents can't - until they become U.S. citizens.

Answer Applies to: New York
Replied: 10/16/2012

Law Offices of Svetlana Boukhny
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Yes, it is faster through your parents but still about 4-6 years, minimum. For you to apply for him, it will be about 10-12 years.

Answer Applies to: California
Replied: 10/16/2012

Calderón Seguin PLC
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If your brother is under 21 years of age, the wait for your parents is about 2 1/2 years. If he is over 21 years of age and unmarried, the wait for your parents is about 8 years. For you, it is 11 1/2 years.

Answer Applies to: Virginia
Replied: 10/16/2012


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(brothers and sisters of adult citizens) category has a longer waiting time than F2B (unmarried sons and daughters (21 and over) of permanent residents) and F2A (spouse and children (below 21) of permanent residents) categories. If your brother is below 21, the waiting time is about 2 years for all countries of charge ability for F2A category. The waiting time for F4 is about 11 years for all countries of charge ability other than Mexico and the Philippines. For Mexico and the Philippines, the waiting times are 16 years and 23 years, respectively. So the waiting time difference ranges from 9-21 years, depending on your brother's country of changeability. If your brother is 21 or older and his country of changeability is other than Mexico and the Philippines, the difference is about 3 years based on the November visa bulletin. If your brother's country of changeability is Mexico, the difference is about 4 years. If it's the Philippines, it's about 13 years. In deciding who should file the petition, I think you should also factor in the age and health condition of your parents and the likelihood of your brother getting married before your parents could file for citizenship. The death of a petitioner before a visa is granted to the beneficiary results in the automatic revocation of the visa petition (unless 204(l) applies). Also, if your brother is petitioned by your parent and he gets married before the petitioning parent naturalizes, it will also result in the revocation of the petition because there is no visa category available for married sons and daughters of permanent residents.

Answer Applies to: California
Replied: 10/16/2012

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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Yes, it is typically faster for parents to petition for their sons or daughters than for siblings to file the petition.

Answer Applies to: New York
Replied: 10/16/2012

Answer By Bijal Jani

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No, if you are the US citizen, it will be faster processing if you file for your brother. For quicker processing by your parents, they would have to become US citizens, and then get priority processing.

Answer Applies to: New York
Replied: 10/16/2012

Answer By Ben T. Liu
Ben T. Liu Law Office
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Yes, but your brother must remain single unless the parent can later become a citizen.. And it is not true if your brother was born in Mexico.

Answer Applies to: Michigan
Replied: 10/16/2012

Answer By Robert R. Gard

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Most likely faster through LPR )lawful permanent resident) parents, so long as they are healthy and likely to be around for about 6 - 10 years (perhaps less if your parents are able to naturalize and brother is under 21 and/or unmarried). Your petition would be under family based 4th preference. I've attached a copy of the Immigrant Visa allocation or quota system and this is a link to the November 2012 Visa Bulletin issued this past Friday: http://www.travel.state.gov/visa/bulletin/bulletin_5779.html

Answer Applies to: Illinois
Replied: 10/16/2012

Law Office of Felipe A. Malo, P.A.
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Brother must be single in order for your permanent resident parents to petition for him. If they do it takes about 6-8 years while your petition would take 10-12 yrs.

Answer Applies to: Florida
Replied: 10/15/2012

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