Acme, MI Immigration Law Firms & Lawyers

You can petition for both your mom and younger brother by filing form I-130. However, your brother must wait for his visa priority date to become current before he can immigrate to the US. The current wait time for siblings from Mexico of US citizens is approximately 17 years. It will take approximately 9-12 months to process your mom's paperwork before she can come to the US as a permanent resident.

(brothers and sisters of adult citizens) category has a longer waiting time than F2B (unmarried sons and daughters (21 and over) of permanent residents) and F2A (spouse and children (below 21) of permanent residents) categories. If your brother is below 21, the waiting time is about 2 years for all countries of charge ability for F2A category. The waiting time for F4 is about 11 years for all countries of charge ability other than Mexico and the Philippines. For Mexico and the Philippines, the waiting times are 16 years and 23 years, respectively. So the waiting time difference ranges from 9-21 years, depending on your brother's country of changeability. If your brother is 21 or older and his country of changeability is other than Mexico and the Philippines, the difference is about 3 years based on the November visa bulletin. If your brother's country of changeability is Mexico, the difference is about 4 years. If it's the Philippines, it's about 13 years. In deciding who should file the petition, I think you should also factor in the age and health condition of your parents and the likelihood of your brother getting married before your parents could file for citizenship. The death of a petitioner before a visa is granted to the beneficiary results in the automatic revocation of the visa petition (unless 204(l) applies). Also, if your brother is petitioned by your parent and he gets married before the petitioning parent naturalizes, it will also result in the revocation of the petition because there is no visa category available for married sons and daughters of permanent residents.

By becoming a citizen as soon as the law allows (5 years from becoming a permanent resident (3 years if you became a permanent resident through a marriage to a U.S. citizen and continue to be married to that U.S. citizen)), and then filing an immigrant petition for your mother.