My brother needs help!!!

M

marcecore

New Member
Here is the situation:

I am a US Citizen thru my husband. I am an immigrant from Ecuador and I married my husband 6 years ago. I became a US Citizen 1 year ago.

My parents and my brother have been here for about 5 years off and on.

My parents now have their green cards, SS card and Work authorization because I sponsored them. They got their green cards and everything within the past 6 months or so.

My brother is the only odd one out at this point.

He is 25 years old and he is here on a tourist visa and he has been going back and forth to Ecuador to avoid over-staying his time and becoming illegal.

So at this point, he is NOT illegal. He goes back and forth every 3 months or so.

My question is:

Can he file NOW at the same time the I-485 and I-130 or does he have to first file the I-130 and then WAIT to file the I-485?

Can he do them both NOW or no?

Does he need to continue traveling back and forth to Ecuador or is it better for him just to stay here?

How long should he expect to wait for his visa number to become available?

Any other things I should know?

Your thoughts and opinions will be greatly appreciated.
 
he has to file the I-130 first. the I-485 will only be accepted -- he can file, but will be rejected -- once a visa number is available as per the visa bulletin.

as of june 2007 there are visa numbers available for I-130 priority dates from december 1997. your brother is looking at a 6-8 year wait.
 
How long should he expect to wait for his visa number to become available?
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more like 10-12 years, if you file I-130 for him now. However, he may have a big problem with travelling to the US on a non-immigrant visa once you or your parents file it - since it will show immigrant intent.
Does he need to continue traveling back and forth to Ecuador or is it better for him just to stay here?
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he can't just stay here.
 
Its that long even with my parents (who are both Permanent residents) will be filing a petition for him?

I (the sister) is NOT filing for him.

It will be both of his parents who are permenent residents...

Please confirm the wait.

Thank you!!!
 
marcecore said:
Its that long even with my parents (who are both Permanent residents) will be filing a petition for him?

I (the sister) is NOT filing for him.

It will be both of his parents who are permenent residents...

Please confirm the wait.

Thank you!!!
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Only one person sponsors an I-130, so it doesn't matter if one or both parents is an LPR.

The answer to "how long" is contained in the State Dept monthly visa bulletin. Currently:
- unmarried son/daughter (over 21) sponsored by LPR: December 1997
- brother/sister sponsored by adult USC: June 1996
 
Thank you for all of your help.

Any suggestions on what he should do?

His only family he has are all here. Its his mother and father, and myself (his sister)

He has no family back home in Ecuador.

It appears that he has a 10 yr wait and he can not stay here for more then 3 months at a time.

Someone suggested that they will catch on to his intent once his parents file the petition (I-130) for him...

The only way for him to become a resident faster is thru marriage or by an employer sponsoring him?
 
Any suggestions on what he should do?

His only family he has are all here. Its his mother and father, and myself (his sister)

He has no family back home in Ecuador.
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he should go back home to ecuador and wait for his PD to become current after his parents and you file an I-130. which could take up to 10 years. unless currently there is something similar in the law like the 245(i) he cannot overstay his tourist visa.
 
chromedOut said:
he should go back home to ecuador and wait for his PD to become current after his parents and you file an I-130. which could take up to 10 years. unless currently there is something similar in the law like the 245(i) he cannot overstay his tourist visa.
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BOTH his parents (which are my parents as well) and MYSELF (I am his sister) should file a petition for him?

All "3" of us? Both parents who are permanent residents and myself (his sister) who is a US Citizen?

Please confirm...
 
BOTH his parents (which are my parents as well) and MYSELF (I am his sister) should file a petition for him?
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yes, absolutely. one can have multiple petitions filed on their behalf. at the very least you should have both of your parents file for him as in the event of death a case cannot be transfered from a deceased parent to the surviving one.
 
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