Brandon, MI Immigration Law Firms & Lawyers

She can file the petition for her spouse. However, if and when the spouse files an application for Adjustment of Status in the U.S. or goes through Consular Processing for an immigrant visa abroad, he would have to submit an Affidavit of Support from her. To file the Affidavit of Support, she must be at least 18 years old. So even though she can file the petition now, she would have to wait until she is 18 to file the Affidavit of Support (which should be fine, since the Petition would take about that long to be approved).

A person who will be employed by an H-1B cap-exempt organization can file for H-1B status at any time during the year. Others must wait until April 1 to file their petitions and are of course subject to the cap numbers.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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.