Legal Question in Immigration Law in California

For general other options, more is needed to be known. For example, if you are a U.S. citizen, you could also file a petition for your brother and he would qualify under section 245i of the Immigration & Nationality Act if he is otherwise admissible (don't know that based on facts). But he will have to wait a decade or more to immigrate. The priority date of your mom's petition for him cannot be transferred into a different category like this.

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For other options, more questions would need to be asked and answered first. Feel free to contact me at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" 2004-2009, "Los Angeles Magazine"

I'm not too sure what you are asking. However, if you are saying that a family member who was 85 years old initially filed a petition for your brother in 2000, and that family member may be too weak to travel to the U.S. to be present at your brother's interview, then there is a way for him to still remain in the U.S. and obtain his green card. Any U.S. citizen immediate family member (spouse, sibling, parent, 21 year old child) may file an I-130 and I-485 for your brother, so that he can get his green card without having to leave the U.S. because he has a previous petition filed for him in 2000. An employer may also file a petition for his green card.

To discuss your specific case further, please feel free to call me at 714 288 0610 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.