Sponsoring a Sibling for a GreenCard

[SanPi]

Hello,

I am a US Citizen and would like to sponsor my brother for a green card. He is over 21 years, married, born in India but currently an Australian citizen. How long will this process take?

My parents are in the process of getting their greencard. Once they get it, would they be able to sponsor my brother or do they have to become citizens first? How long does this process take?

Thanks!

[needurhelp]

Originally Posted by SanPi

I am a US Citizen and would like to sponsor my brother for a green card. He is over 21 years, married, born in India but currently an Australian citizen. How long will this process take?

Since he's born Indian, he'll included in the Indian chargeability. SO you have to follow the timelines for India. If you apply for him under sibling category, he has to wait for 10 to 13 yrs.

Originally Posted by SanPi

My parents are in the process of getting their greencard. Once they get it, would they be able to sponsor my brother or do they have to become citizens first? How long does this process take?

If your borther is unmarried and remains unmarried until he gets his GC or your parents get their citizenship, you parents can apply for unmarried child above 21 as a GC holder, which takes about 10yrs.

Once ur parents get their citizenship and ur bro is still unmarried, his case can be upgraded carrying the old priority date. In general it takes about 6yrs for Citizen's children to get their GCs, because of his old PD, it will be adjudicated fastly.

If he gets married before his case is adjudicated and before your parents get their citizenship, then his petition is automatically revoked. Ur parents have to reapply a fresh petition as son of citizen, which takes about 6yrs.

[machelon]

i have almost the same case but Im not from India...the key is that your brother does not get married untill either your parents get a USCitizenship or he gets the GC. Of course he'll have to wait many year anyway...and unfortunately...it could be difficult to come here to the US in the meantime with another visa (like F-1, or even visitor) during the waiting period.
So plan it well...
wish you luck.

[SanPi]

Thanks needurhelp and machelon. My brother is already married. What is the fastest way to get him a greencard:
1) do I sponsor him right now (I am a US citizen)
2) Can my parents who will hopefully get their greencards soon, sponsor a married child?
3) My parents wait to become citizens and sponsor their adult, married son?

Thanks!

[Anahit]

Originally Posted by SanPi

Thanks needurhelp and machelon. My brother is already married. What is the fastest way to get him a greencard:
1) do I sponsor him right now (I am a US citizen)
2) Can my parents who will hopefully get their greencards soon, sponsor a married child?
3) My parents wait to become citizens and sponsor their adult, married son?

Thanks!

1. Yes, it will take 11+ years.
2. No. Only a citizen can sponsor a married son/daughter.
3. Yes. It will take 6+ years (plus 5+ years for them to become citizens).

So, there is no difference at this point who would apply, timewise.
Note, that after you file a petition for him, it would be very hard to get a visitor visa in case he wants to visit you. So, maybe it's better to wait until your parents become citizens.

[SanPi]

Thanks Anahit! My brother and his wife are Australian citizens and as Australia qualifies for the visa-waiver program, they do not need visitor visas to come to the US if their visit is less than 90 days. However I wonder if they will have a problem at the US port of entry if they visit the US once his greecard application has been filed.

[Anahit]

Originally Posted by SanPi

Thanks Anahit! My brother and his wife are Australian citizens and as Australia qualifies for the visa-waiver program, they do not need visitor visas to come to the US if their visit is less than 90 days. However I wonder if they will have a problem at the US port of entry if they visit the US once his greecard application has been filed.

Well, for the beginning you're only going to file form I-130, which is to establish your relationship with your brother. The process will resume when his priority date becomes current. However, just filing I-130 shows an immigration intent for him. Thus, he might have a problem at POE.