Green Card through mother (HELP)

[romaman]

Hello Everyone,
my little brother (just turned 18) is been out of status for about 2 years now, my mom is in the US and have a green card.
is it possible for my mom to file for my brother to get a green card?
any help will be appreciated.
thanks,

[newacct]

Hello Everyone,
my little brother (just turned 18) is been out of status for about 2 years now, my mom is in the US and have a green card.
is it possible for my mom to file for my brother to get a green card?
any help will be appreciated.
thanks,

Need more info. For example, how did the mother get her green card? (what category?)

[inadmissible]

How did your mother acquire her permanent residence? (follow up: why didn't your brother acquire permanent residency at the same time?)
How soon can your mother naturalize as a US citizen?
Did your brother apply for DACA while he still could?

Permanent residents can petition for their children, but it takes two years and the child must be in status in order to apply for adjustment of status. Citizens can petition for their children, there is no waiting time, and the child does not need to be in status in order to apply for adjustment of status

[romaman]

How did your mother acquire her permanent residence? (follow up: why didn't your brother acquire permanent residency at the same time?)
How soon can your mother naturalize as a US citizen?
Did your brother apply for DACA while he still could?

Permanent residents can petition for their children, but it takes two years and the child must be in status in order to apply for adjustment of status. Citizens can petition for their children, there is no waiting time, and the child does not need to be in status in order to apply for adjustment of status

thanks Inadmissible, my mother got her green card through me as im a us citizen, she just got it last year, i think in order for her to be a citizen she needs to be here for at least 5 years which will put my brother over 21. my brother came in 2015 i think he wont be qualified for DACA. my brother was in a b1 visa.

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Need more info. For example, how did the mother get her green card? (what category?)

thanks newacct, my mother got her green card through me as im a us citizen, she just got it last year, i think in order for her to be a citizen she needs to be here for at least 5 years which will put my brother over 21. my brother came in 2015 i think he wont be qualified for DACA. my brother was in a b1 visa.

[inadmissible]

Your mother should petition your brother ASAP and your brother should leave before he is 18.5 years old. He can then pick up his immigrant visa in two years at a consulate abroad and return to the United States to live

Every other scenario will take longer. If she waits longer to petition for him, he may age out when he turns 21, and he will wait 7 years (longer if he's either Mexican or Filipino). If he leaves between his 18.5 and 19th birthday, he will be barred from re-entry for 3 years. If he leaves after his 19th birthday, he will be barred from re-entry for 10 years.

Under no circumstance can your brother conveniently apply for adjustment of status in the country (like I presume your mom did)

[newacct]

To be precise, he needs to leave the US before 180 days after turning 18. He started accruing "unlawful presence" when he turned 18, and if he accrues 180 days of "unlawful presence" and then leaves, he will trigger a 3-year ban.