Legal Question in Immigration Law in New York

Citizen sponsoring mom and brother

Hi,

I am a naturalized US citizen interested in petitioning for my mom. I also have a 19 year old brother who is a legal dependent of my mom. Here's my question: when my mom's petition is approved, can she file for both herself and my brother as her legal dependent while applying for her immigration visa? I know that I can petition for my brother but the wait is much longer in that process. Since my brother is an unmarried legal dependent of my mom, I am hoping that my mom can include him on her application. I would greatly appreciate some clarification. Thanks.


Asked on 5/27/08, 11:00 pm

2 Answers from Attorneys
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: Citizen sponsoring mom and brother

Your brother will need separate petition. You can petition for your parent only. Sisters and brothers are not included, even if they haven't reach age of 21.

You are always welcome to contact me directly.

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Answered on 5/29/08, 12:20 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Citizen sponsoring mom and brother

Based on the information you provided, you can petition for your mother only. You cannot petition for your brother. Once your mom receives her permanent residence, she can petition for your brother. Based on the current processing times though, your brother will still have to wait approximately 8-10 years, depending on where your brother is from.

If you have additional questions, please do not hesitate to contact me.

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Answered on 5/27/08, 11:06 pm


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