Green Card for my brother

[TechDev]

Hello everyone,

I am very new to this community and this is my first post, so appreciate your patience...

I need to understand whether my brother is eligible for US green card or not...

My grand parents had applied for immigration for their married children (category F3). Included in them was my mother. Included in the application were her dependents, my father, as well as us 2 minor (at the time) children. Now both of us as children got it but my brother did not claim it as he had gotten married (it took 10 years to arrive)

Now my brother is divorced, can he still claim the green card?

Appreciate your response!!

[newacct]

Hello everyone,

I am very new to this community and this is my first post, so appreciate your patience...

I need to understand whether my brother is eligible for US green card or not...

My grand parents had applied for immigration for their married children (category F3). Included in them was my mother. Included in the application were her dependents, my father, as well as us 2 minor (at the time) children. Now both of us as children got it but my brother did not claim it as he had gotten married (it took 10 years to arrive)

Now my brother is divorced, can he still claim the green card?

Appreciate your response!!

If he is still under 21, yes. Otherwise, he has aged out. In that case, your parents can petition him but it will be at least 7 years.

[TechDev]

If he is still under 21, yes. Otherwise, he has aged out. In that case, your parents can petition him but it will be at least 7 years.

Thanks for prompt response!

So this change of status and then back again will not affect?

He is no longer 21 but I was not either when I received it 3 years. My aunt then hired an attorney to prove that the 21 age was reached when it can became current something like that which meant I still got it.

[newacct]

Thanks for prompt response!

So this change of status and then back again will not affect?

He is no longer 21 but I was not either when I received it 3 years. My aunt then hired an attorney to prove that the 21 age was reached when it can became current something like that which meant I still got it.

Yes, under CSPA, it's possible to immigrate slightly over 21, depending on how long the I-130 petition was pending (the amount of time the I-130 is pending is subtracted from the age). But to take advantage of CSPA, the person must "seek to acquire" the visa within one year of it becoming available, so I think your brother wouldn't qualify. I am not sure how CSPA works for people who originally did not qualify as derivatives due to being married, who then divorce.

[inadmissible]

I am not sure how CSPA works for people who originally did not qualify as derivatives due to being married, who then divorce.

The "sought to acquire ... within a year" rule is relaxed where "failure to timely file was due to circumstances beyond the alien’s control” Matter of Vasquez 2012. I don't think this counts as one of those situations