Introduction to the I-130 Petition Process

When Both Parents and the Applicant Can File an I-130 Petition

As a U.S. citizen, if your brother, under 21 years old, is seeking to obtain a green card, both you and your father should apply jointly by submitting an I-130 petition. This dual filing strategy enhances the petition’s resilience and offers a safety net in case of unforeseen circumstances, such as the passing of your father before the petition is approved.

Legal and Strategic Reasons for Joint Filings

Protecting Against Potential Loss of Support

Should your father die before the I-130 petition is granted, this approach provides a backup plan. If you file the petition independently, or even if your father is the primary petitioner, the failure to approve the petition could leave you and your brother without the legal means to reside in the United States. By jointly petitioning, you ensure that your brother's eligibility is confirmed even if one of the petitioners is no longer able to support the application. This approach also increases the likelihood of the petition's success, as both your and your father's identities are included in the application.

Understanding Processing Times

Impact of Priority Dates and Age Groups

The processing times for an I-130 petition can vary significantly based on the priority date and the relationship to the petitioner. Generally, there is a distinction in processing times between sibling petitions and fiancé(e) or spouse petitions. For siblings, there are specific priority dates provided by the U.S. State Department. Under-21 siblings often face much shorter waiting periods compared to those seeking to bring in a parent or a sibling over 21. This is a result of the U.S. Department of State prioritizing younger siblings due to their immediate family ties.

Minimizing Risk through Joint Applications

Building a Strong Case with Mutual Support

Maintaining a robust petition, especially for an under-21 sibling, can help minimize risks and potential delays. Here are some key points to consider:

Augmenting Support: By both you and your father filing, you are doubling the support for the application. Neither of you can renounce your U.S. citizenship or move to another country, thereby reducing the likelihood that the petition will be compromised. Age and Marital Status Considerations: If your brother reaches the age of 21, the wait times for his green card can dramatically increase. For those who marry, processing times also extend. In these cases, the joint petition provides a safeguard, ensuring that the application remains valid even if your brother's circumstances change in the future. In Case of Loss: If your father is young, the timeframe for your brother's green card can be manageable, given the additional support. However, as time passes, waiting periods lengthen, and any changes to your father's or your status can lead to the termination of the petition. The fallback of the joint application is crucial in these scenarios, as it ensures a more resilient petition process.

Conclusion

When it comes to applying for a green card for your under-21 brother, both you and your father should file an I-130 petition. This not only ensures a more robust application but also provides a safety net in case of unforeseen changes in your or your father's status. Understanding the nuances of the petition process and prioritizing joint filings can significantly improve your brother's chances of obtaining his green card in a timely manner.