Brother's (under 21) immigration

[mokhan]

Hi,

My brother is in US under F1 visa. I am a US citizen and applied for my mothers immigration. If my mother's immigration gets approved before my brother's age is 21, how can get the immigration. Does he have to go out of the country and go through the consuler processing with my mother as a dependent under 21. Or is there anyway he can adjust his status staying in US while my mother goes through consuler processing.

Thanks,
Mkhan

[PraetorianXI]

Your brother would NOT get a visa through you petitioning your mom as a dependent... whether he is 21 years or 21 months...

Immediate Relatives (in this case, your mom) of USC can not have dependents added to their immigrant visa petitions.

Either you have to file for him separately (which will take 15-20 years) or your mom does once she becomes a resident or USC.

[C4us]

And don't forget that if he is petitioned by LPR parent, he may NOT get married as LPRs cannot petitioned for married children over 21 - just citizens can do so.

Your brother needs to plan to file for GC through employment.