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?
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,
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.