Q: I'm a US Citizen and I want to petition my brother to come the USA but he's married. Can i still petition for him?
My brother is married but I want to bring him to the USA but I read somewhere that I can't but I also read that if you're a Citizen then you can. Can i petition him and his kid?
A: A US citizen can file an immigrant petition for a married brother. The brother's spouse and children under 21 may be included as derivatives.
Roland Godfrey Ottley and Ghenadie Rusu agree with this answer
A:
As a U.S. citizen, you have the option to petition for your brother to immigrate to the United States, even if he is married. The fact that your brother is married does not disqualify him from being eligible for a family-based immigrant visa.
When you file a petition for your brother, it's classified under the family preference category. It's important to note that this process can take several years due to the caps on the number of visas issued annually in this category. During the waiting period, his marital status and the number of children he has can affect the visa process.
His spouse and unmarried children under the age of 21 can be included in the petition as derivatives. This means they can accompany or follow to join your brother if and when a visa becomes available. You would need to file Form I-130, Petition for Alien Relative, for your brother. The approval of this petition is the first step in the process and establishes the familial relationship.
Keep in mind that the process is complex and can be lengthy, so patience and careful attention to detail are crucial. You might also want to stay informed about any changes in immigration laws or policies that could affect your brother's eligibility or the processing time.
A: As a U.S. citizen, you can petition for your brother. Whether his kid is included depends on whether he qualifies as a derivative. The waits for sibling petitions are very long so keep that in mind.
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