Legal Question in Immigration Law in California

Right now, if you wanted to cover all bases, you should file for your brother and your mother. Your sister in law will be included in your brother\'s case. Your mother will come quickly but not your brother. She should apply for citizenship ASAP and file for your brother and his wife also. That way, the petition with the earliest priority date can be processed first. Since it takes so long, you can\'t be sure which petition will be ready first, plus if a petitioner dies before permanent residence is complete, then the petition often isn\'t valid anymore, so it\'s like insurance if you and your mom both file for him. \n\nUnfortunately, your brother\'s case will take much longer than your mother\'s, and your mother is not eligible to file for your brother until she becomes a citizen. That\'s because he\'s married and she wouldn\'t qualify as a permanent resident to file for him (and his wife). She must wait until she becomes a citizen. But you could file for him today.\n\nThere are a number of documents, such as birth and marriage certificates of all the parties. You would also need proof of your U.S. citizenship. When it comes time to immigrate, there are many items necessary which are too many to describe here.\n\nI would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don\'t rely on this as legal advice.\n\nAlice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization\n\nST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436\nEM: [email protected] WEB: http://www.yardum-hunter.com\n\nA ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine\n\n

Yes, you can petition for your mother and youre brother (brother\'s wife and minor children under 21 included).\n\nYour mother would be able to emigrate fairly fast, within a year.\n\nHowever, for your brother and his family the process will take more than 11 years. During this time, he will have to wait in India.\n\nIf you need a more specific advice, guidance and list of the documents required for this immigration process, you are welcome to email me at Attorney [@] law-visa-usa.com and schedule a telephone or email consultation.

As a US Citizen, you are able to file a petition as an immediate relative for your mother, and she may be able to come to the U.S. relatively quickly (within a year), depending on the information that you submit and the consular visa waiting times in Mumbai. The priority level given to a sibling (such as your brother who is 21 and married) is different than your mother\'s (which is immediate), so the waiting time is much longer--current processing times run anywhere from 11-13 years. I would still suggest that you go ahead and file a petition for your mother, and a separate petition for your brother. Additionally, once your mother does enter the U.S. as a legal permanent resident, and has been an LPR for 5 years, she may be eligible for applying for naturalization and become a US Citizen. Once she is a U.S. Citizen, she may submit a petition for her son (your brother), and that may be the faster route. I would be happy to set up a phone consultation with you, or meet you in person (I am in San Francisco). Please contact me at [email protected] or call 415-387-1364.