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I am US citizen (naturalized few months back). How to get Green Card to my brother & his family, who live in India. Is it better to sponsor my parents first and then get the green card thru them to my brother. Or is it better to sponsor him directly, I see on I-130 we can directly sponsor the sibiling. Wich way is better for my brother and his family. Is it thru my parents or directly and also what would be the wait time?. Any information about this is greatly appreciated? Thanks in advance.
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FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens
Fourth: Brothers and Sisters of Adult Citizens
PRESENT PRIORITY DATES FOR INDIA:
1st 22APR01
2A 15MAR02
2B 08APR97
3rd 01JAN99
4th 01OCT95
These are your options;
*You could file an I-130 under the 4th category (siblings of US citizens)
but the wait is almost 12 years.
*If your brother is married , as you said that he has a family, your parents could file for him under 3rd category ,only after THEY become citizens, that is about 7 years
from now ( one year for them to get their gc through your petition + 5 yrs
when they can apply for citizenship + 6m-1yr to get citizenship). And going by the present priority dates, another 8 years to get the brother's gc. TOTAL= 15 years.
So, You filing as a brother will be better.
I suggest you try for an employment based green card for him which will be faster than family based. -
Thank you very much for your reply peace
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My followup question is, Can we sponsor my brother by just sponsoring my mother?. That would be, I will sponsor my mother and after she becomes citizen, she would sponsor my brother. Will there would be any complications when my brother is about to get the GC. Since my dad is not a citizen.
Thank you,Comment
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any parent who is a citizen can sponsor. No need for both parents to be citizens to sponsor child.
But I said that in your case, parent sponsoring will take longer--15 yrs, since they do not even have a gc yet . you sponsoring will be faster ---12 yrs.Comment
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Agree with peace.
You should apply for your brother and his family asap. You never know when the law changes. It is always best what you can do now.
Hope this helps.Comment
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