What can I do regarding my immigration situation as a green card holder? 5 Answers as of July 12, 2011

I am a green card holder and I got my green card via my daughter who is a citizen and her brother is 16yrs old and can I bring him over to stay with I and her sister in the U.S? He was included in the initial filing done by my daughter.What do I do?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
You cannot include your son in your daughter's petition for you. You can file a new petition for your son after you are admitted as a permanent resident.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You would have to be a citizen to file for your son as an immediate relative. If you file for him as an LPR then if he is unmarried it wil take approximately 3-4 years for his visa number to become current under the 2nd preference category. If his sister petitioned for him, the wait time for a sibling filing for a sibling is approximately taking 8 years, this is under the 4th preference category.
Answer Applies to: Florida
Replied: 7/12/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Your daughter can petition for him as the sibling of a USC but it will be many years until this would benefit him. You can also petition for him as the child of a PR but this would also not be immediate; you should apply for your own U.S. citizenship at the soonest opportunity and this your son's case can be upgraded to immediate relative. We have been successful in these scenarios in bringing your son here under Humanitarian Parole while he awaits his Priority Date being current. This is only valid for a year but can be renewed. I would suggest a paid consult to review the facts and work out a strategy for him.
Answer Applies to: California
Replied: 7/12/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your 16 year old son/brother of your daughter who petitioned you cannot be included in the visa petition that was filed for you. He needs a separate petition to qualify for a green card. Such petition can be filed by you or your daughter. A petition by you as parent will likely be the faster route depending on your country of origin.
Answer Applies to: California
Replied: 7/12/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
You can file a petition for your son but he will have to wait until his priority date is current. I would recommend you speak with an immigration attorney for more details.
Answer Applies to: New York
Replied: 7/12/2011
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