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how to insure 20yo brother benefit from Process?

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  • how to insure 20yo brother benefit from Process?

    I just got my citizenship. My brother is 20 and turns 21 in 3 months. Got into USA legally (tourist visa) but his status expired 15 days ago, so he is illegal as of now.
    My mother has never been to USA illegally, and is currently in my home country.
    It is my understanding that if i file an I-130 for my mom, it will automatically add my brother who is under 21.
    I also read something about freezing him as a child if process was started when he was younger than 21. But what do I need to do to make sure he is really included in the process and benefits from it? He is unmarried.
    Thanks

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    how to insure 20yo brother benefit from Process?

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    • #3
      If you petition your mother, your brother is not included and is not eligible for a derivative visa. Your mom is "immediate priority," and that status does not allow for derivative visas.

      --Ray B

      Originally posted by sandykassia View Post
      I just got my citizenship. My brother is 20 and turns 21 in 3 months. Got into USA legally (tourist visa) but his status expired 15 days ago, so he is illegal as of now.
      My mother has never been to USA illegally, and is currently in my home country.
      It is my understanding that if i file an I-130 for my mom, it will automatically add my brother who is under 21.
      I also read something about freezing him as a child if process was started when he was younger than 21. But what do I need to do to make sure he is really included in the process and benefits from it? He is unmarried.
      Thanks

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