Can My Minor Brother be Eligible to Immigrate to U.S. together with My Parents?

Question:

I am a U.S. citizen and I have a minor brother. Can he be eligible to immigrate to U.S. together with my parents? or be eligible to immigrate to U.S. for the follow-to-join benefits?

Answer:

Many believe that a minor sibling (brother or sister) of a U.S. citizen can get a Green Card through his or her parents’ petition, which is not true. Parents of U.S. citizens belong to the immediate relative category just like the spouses and children of U.S. citizens.

Unlike parents, spouses and children of U.S. citizens, siblings of U.S. citizens belong to the family preference category which is subject to numerical limitations. Parents who are considered immediate relatives are not subject to numerical limitations.

Minor siblings of U.S. citizens who are living abroad with their parents, cannot be a part of their parents’ applications for legal residency in United States. They are ineligible for follow-to-join benefits. To bring a sibling to the United States, a U.S. citizen must file a separate Form I-130 for the sibling. U.S. citizens must file separate immigrant petitions for their parents and their siblings. At the same time, it must be remembered that the siblings do not belong to the immediate relative category, but to the family preference category.