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Family based GC
I am a US Citizen and I am going to file Green card for my parents. I have a younger brother who is 18 years old and will he automatically get GC along with my parents? I am filing 130 for my parents and do I need to submit another form for my brother? Please advice.
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No. The Immediate Relative category (spouse, parent, and unmarried under-21 child of US citizen) cannot have derivative beneficiaries.Originally posted by kavitha.jain View Post
You can file another I-130 for your brother. It will be in the F4 category and there is a wait for visa numbers of about 14 years (longer if he was born in India, Mexico, or the Philippines).Originally posted by kavitha.jain View Post
Either of your parents can also file I-130 for your brother as soon as they enter the US, as long as your brother is unmarried. The unmarried under-21 child of a permanent resident is in the F2A category which currently has no wait for visa numbers. If he ages out, the unmarried over-21 child of a permanent resident is in the F2B category, which has a 5-6 year wait for visa numbers (longer if he was born in Mexico or the Philippines). He would have to remain unmarried to immigrate on the parent's petition, as there is no category for married child of permanent resident.
Both you and your parents can petition your brother. They do not conflict.
This is my personal opinion and is not to be construed as legal advice. -
Thank you for your reply. I really appreciate it.Comment
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