Application for U.S Citizenship + GC file for brother

N

ndp125

Registered Users (C)
Hi,
It has been 1 year since I had GC through my wife (USC). I believe I have to complete 3 years of GC before application of U.S Citizenship.

My question:
1) How many days of the year do I need to be present in the U.S in my Permanent Resident status to be eligible

2) When can I file for Green Card for my brother and what is the duration.
He is currently on H1b (Does that matter ?)

Thanks in advance.
 
ndp125 said:
Hi,
It has been 1 year since I had GC through my wife (USC). I believe I have to complete 3 years of GC before application of U.S Citizenship.

My question:
1) How many days of the year do I need to be present in the U.S in my Permanent Resident status to be eligible

2) When can I file for Green Card for my brother and what is the duration.
He is currently on H1b (Does that matter ?)

Thanks in advance.
Click to expand...

1./ http://www.uscis.gov/files/article/M-476.pdf
2./ He is on H1B, why would you want an adjustment to something else. he is OK. At least he can come and go whenever he pleases. If you file for him as a GC holder, it's going to take a couple years for him to get the GC.

And also, remember. you must file 90 days before the second anniversary to remove the conditions on your conditional GC (I-751) http://www.uscis.gov/files/form/I-751instr.pdf
http://www.uscis.gov/files/form/I-751.pdf

and then again 90 days before your third anniversary (NOT marriage anniversary) on the Greeen Card anniversary to apply for citizenship. :D
 
ndp125 said:
2) When can I file for Green Card for my brother and what is the duration.
He is currently on H1b (Does that matter ?)
Click to expand...

Only citizens can file a petition for sibling's GC and I heard it usally take 10 years for the visa number ito become available for that kinf od category.

You can file for you brother right after you become a citizen but you brother should not really count on it (how many ten years do we have before
we eventually die?)
 
Last edited by a moderator:
rick92 said:
2./ He is on H1B, why would you want an adjustment to something else. he is OK.
Click to expand...
H1B only lasts 6 years. Without green card sponsorship, he is not OK if he wants to stay longer than that.

But because sibling green cards take a minimum of 10 years, he will have to leave the US after his last H1B expires and wait it out in another country.
 
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