Green Card Application for Brother

M

mfghazi

Registered Users (C)
Hello All,

Though my basic questions are trivial, but I want to clarify a doubt.

I am a USC and am applying for my brother's GC. He lives and works in a US-based company in Netherlands for several years.

The questions are:

1) Once his I-130 is approved, he will be placed in line from his home country category or Netherlands category for brothers?

2) He has US visitor's visa, which he got from Netherlands, though he is not a citizen of Netherlands. If he comes here and I also file his I-485 with I-130, will that help reduce any time from his waiting period?

Thanks for any help.
 
1) His country of birth will determine his place in the line.

2) No, his priority date must be current before he can file I-485. He also might denied entry into US after you file I-130 since it would clearly show an intent to immigrate.
 
You cannot file I-130 and I-485 together for a sibling. He must wait several years (currently the backlog is 11 years for siblings, more if he was born in Mexico or Philippines) after the I-130 filing before he becomes eligible to file I-485.
 
nkm-oct23 said:
2) No, his priority date must be current before he can file I-485. He also might denied entry into US after you file I-130 since it would clearly show an intent to immigrate.
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Not wanting to sound rude, but this does not make any sense. So what you are saying is that if an I-130 is applied for someone, that person will loose any right or privilege to come to the US for any purpose? What if that person finds a job in the US or gets admission in a university or has to come here for some business or gets married to a US citizen?

I am also confused about your statement: "it would clearly show an intent to immigrate". When the US government issues a student visa to a person, he/she can come here, finish the studies, work for a year on OPT, then get H1b, then green card and within 10-15 years of the issuance of the student visa, become a US citizen. Many many US citizens became citizens like this or from H1b. How the Americans, despite becoming the only super power in the world, could not figure out such an obvious and clear intent?
 
Once an I-130 is in the system for a person, it becomes very difficult (not impossible) for that person to overcome 214(b) when applying for any non-immigrant visa in the interim. Having said that, there are provisions for H-1B and L-1 visas to be exempt of the requirment to overcome 214(b).

mfghazi said:
So what you are saying is that if an I-130 is applied for someone, that person will loose any right or privilege to come to the US for any purpose? What if that person finds a job in the US or gets admission in a university or has to come here for some business or gets married to a US citizen?
Click to expand...
 
mfghazi said:
Not wanting to sound rude, but this does not make any sense. So what you are saying is that if an I-130 is applied for someone, that person will loose any right or privilege to come to the US for any purpose? What if that person finds a job in the US or gets admission in a university or has to come here for some business or gets married to a US citizen?
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No, that's not what nkm is saying. What happens is that some visas such as tourist visas and student visas don't allow one to have immigrant intent at the time of applying for the visa, or when entering with the visa or visa waiver. So if they see signs of that intention, like a petition filed on the person's behalf, they are more likely to decline visa applications or refuse entry at the airport or border.

They are OK with students who develop the intention to immigrate after several months or years of staying in the US; but that is different from having preconceived intent. Certain work visas such as H1B and L1 explicitly allow immigrant intent at any time. And for someone who wants to marry a US citizen, there are visas specifically designed for that.

So there is no absolute ban on your brother visiting or working in the US after you file the I-130 for him. For the most part, it just means it can increase the probability of him being declined a visa or refused entry as a tourist or student. If hassled about it, your brother will have to convince the officer that he understands it will take years for him to become eligible to immigrate, and that he has no intention of immigrating in the near future.

Having said that, the chances of him having that kind of problem is much lower than somebody who has a US citizen child or parent or spouse in the US. People with close relationships like those have a very high rate of overstay.
 
Thanks nkm-oct23, Triple Citizen and Jackolantern for your replies.

Another slightly related question:

At present, when I apply for my brother, he is single. But in 10-15 years, he may have a family. So how his family at that time is added to his application? Do I have to submit an I-130 for each member at that time or mention it in I-485?

Also, what exactly would be the next step once the case is approved after 10-15 years?
 
No, you will file one I-130 only. Just for your brother. His future spouse and/or kids will be added to his application when it is time for him to be interviewed.
Once his priority date is about a year away from becoming current, VSC will contact him and also forward the approved I-130 to his nearest US embassy.

mfghazi said:
At present, when I apply for my brother, he is single. But in 10-15 years, he may have a family. So how his family at that time is added to his application? Do I have to submit an I-130 for each member at that time or mention it in I-485?

Also, what exactly would be the next step once the case is approved after 10-15 years?
Click to expand...
 
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