Legal Question in Immigration Law in New Jersey

Re: form i-130 for brother

You can file an application for your brother, but the processing time can be upwards of 10 years (regardless of whether he is married). If your parents become permanent residents, then they can file for him, as long as he remains unmarried. Once he marries, the application is no longer valid. Otherwise, once your parents become citizens, then they can petition for him, whether he is married or unmarried. The wait time for a visa (green card) will vary depending on his marital status.

Other factors to consider would be your parents' and brother's immigraiton history and where they are all currently residing. If in the US, different rules will apply to your parents and brother.

You should contact an attorney to discuss the process and processing times in detail as they pertain to your family so that you can make the most appropriate decision.

Re: form i-130 for brother

First of all, you state that your brother is unmarried. Then further down, you state that he will be married by the time you file for him.

You need to be very clear as to what is going on because if it is a single person then only he should apply. If he is married them that will be seen as two people.

What is your brother's marital status?

Antoinette M. Wooten, Esq.

Belleville, NJ