Mountain View, CA asked in Family Law and Immigration Law for California

Q: I am a US citizen, can I apply for I-130 for both my Mother and her child(my brother) at the same file ?

I want to sponsor my Mom for a green card, so she can bring her child(my brother) under 21 years to USA. But the issue here is my brother is 19 years old (1years and a half from becoming 21 years old).

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As a U.S. citizen, you can file Form I-130 (Petition for Alien Relative) for your mother. If your petition is approved, your mother can then bring her child (your brother) with her to the United States as a "derivative beneficiary," provided that your brother is unmarried and under 21 years of age at the time your mother's immigrant visa is issued or at the time she adjusts her status to a permanent resident.

Given that your brother is currently 19 years old, you should file the I-130 petition for your mother as soon as possible. The processing time for I-130 petitions can vary, but it is crucial to have the petition approved before your brother turns 21. Once he turns 21, he will no longer be eligible to accompany your mother as a derivative beneficiary under the immediate relative category.

To file the I-130 petition, you will need to submit the following:

1. Completed Form I-130

2. Evidence of your U.S. citizenship (copy of your birth certificate, passport, or naturalization certificate)

3. Evidence of your relationship to your mother (copy of your birth certificate showing your mother's name)

4. Marriage certificate of your mother (if applicable)

5. Filing fee

It is essential to provide all the required documentation and ensure that the information on the form is accurate to avoid delays in processing.

Remember that this is just the first step in the process. After the I-130 is approved, your mother will need to go through consular processing or adjust her status, depending on her location and eligibility. It is recommended to consult with an experienced immigration attorney to guide you through the process and ensure that you meet all the requirements and deadlines.

1 user found this answer helpful

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: You can sponsor your mother for a green card, but you cannot sponsor your brother. However, your brother could apply for a student visa and enter the country that way.

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