Applying for F2A

[nadim96]

Hi
I am a US citizen and my MOM have a Green Card. I have a 19 years old single brother living in Jordan.
Which is quicker if I apply for my brother green card (I-130) or if my MOM applies for him?
Will he be able to make it to the USA before the age of 21 ?

PS: My MOM just got her GC and she have to wait 5 years to be a Citizen. so waiting for her to become a citizen then apply for him wont help

Thanks

[immihelp]

He will not be able to make it either way before the age of 21 years.

Check out the visa bulletin at http://www.immihelp.com/visa-bulletin/ to see which is faster.

[dhira_98]

I don't agree with previous response. He may get visa under F2A through Child Status Protection Status Act. (CSPA). I suggest to apply through your mother under F2A ASAP and through you under F4 as well.

[nadim96]

I think he might be able to make it as F2A

The visa bulletin for 1/2012 shows the following processing dates:

F2A --> 4/22/2009 ( He needs 3 years under this category)
F4 --> 8/15/2000 ( He needs 12 years under this category)

I don't think he will be able to make it . but I will go for the F2A as the F4 sounds like a long run.

[dhira_98]

Under CSPA Rule, He may qualify, It all depends on how long it takes for the petition to approve at USCIS. Under CSPA Act, the time taken by USCIS to approve the petition is subtracted from the age of the applicant, For example, You apply for your brother Under F2A today and it takes 2 years for USCIS (average time taken at CSC, VSC is faster, and there are ways to prolong this time up) to approve the petition. If visa becomes available 3 year from now, your brother's age would be 22 Yrs, but under CSPA Act, his age for immigration benefits would be 22-2= 20 YEARS and he will not considered over age per CSPA and He will get VISA under F2A .

Cheers.