Costa Mesa, CA asked in Immigration Law for California

Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there a way to petition them together?

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1 Lawyer Answer
Mario Musil
Mario Musil
PREMIUM
Answered
  • Immigration Law Lawyer
  • Portland, OR

A: Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and would be subject to visa availability - for Mexico they are processing those cases from 1998. However, once your mom got her green card, she could petition for her son (your brother) under the F2a category that is current at this time - meaning it would take a year or so (not considering Covid delays).

You may wish to speak to an immigration attorney to come up with the best strategy for your situation.

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