Legal Question in Immigration Law in Florida

My wife's parents live in germany. We just petitioned for there green cards. Her brother is 11 years old and we understand that while we can get green cards for parents within about a year it will take several years to get for brother. We wont split the family or have one shuttle back and forth. I have found a private school that will issue brother an I-20. Can we bring parents here on green card and brother here at the same time on I-20 and then when parents get here they file to change his status which will take a few years and during that time brother will go to private school and then when it is approved leave private school and go to public. Will that work as a to have all 3 here at the same time. Any advice is greatly appreciated


Asked on 1/14/11, 7:15 am

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

Because your wife's brother is a minor, he will be able to come over after undergoing Consular Processing with his parents. Was he listed on the parents' I-130 petitions?

For assistance, please contact me at 1-800-408-5818 or by email at [email protected].

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Answered on 1/19/11, 7:28 am
Luba Smal Smal Immigration Law Office

The previous lawyer's advice is absolutely wrong. A brother is not eligible for an immigrant visa when a US daughter petitioned for a parent. Only parents can come on immigrant visas (parents of a US citizen). A sister can petition for a brother separately, but it currently takes 8+ years of wait.

Yes, your plan might work. If the consul approves his F1 Student visa, he might be able to come along as a student and later on apply for adjustment of status to that of a permanent resident (green card). Parents might be able to petition for him as well.

If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire and consultation fee instructions. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 1/19/11, 7:50 am


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