dependent minor

[joshling]

hi,

i just naturalized and immediately sponsored my mother. I also have a brother who is still a minor. Does our mother have to sponsor my brother who is still a minor, or does my brother automatically qualify as a dependent and get his green card along with my mom ?

thanks for your time and advice

[pontevecchio]

http://travel.state.gov/visa/bulletin/bulletin_5770.html Discuss the matter with say the firm of Murthy to consider your options which seem very limited.

[joshling]

thanks pontevecchio. Must admit am confused. The reason is that when my aunt naturalized, she sponsored her adult children(who had kids--my aunt's grandchildren), and when my aunt's children's priority dates got current, the minor grandchildren also received green cards. I don't understand what would make a mother, who's being sponsored by a parent, have derivative effects on her minor children, whereas a mother sponsored by a child, will not.

it is also quite strange, especially if the mother has a very young child and will have to be separated from her.

[pontevecchio]

That's why you should talk to a Lawyer to get all possible options in such an important matter.

[JoeF]

thanks pontevecchio. Must admit am confused. The reason is that when my aunt naturalized, she sponsored her adult children(who had kids--my aunt's grandchildren), and when my aunt's children's priority dates got current, the minor grandchildren also received green cards. I don't understand what would make a mother, who's being sponsored by a parent, have derivative effects on her minor children, whereas a mother sponsored by a child, will not.

It is explicitly spelled out in the law. Dependents of immediate relatives are not included.

[JoeF]

The rule is spelled out in 8 CFR 204.2(f)(4):

"(4) Derivative beneficiaries. A child or a spouse of a principal alien who is approved for classification as an immediate relative is not eligible for derivative classification and must have a separate petition approved on his or her behalf. "