Applying for green card for my brother

L

Ladyoflovers

Registered Users (C)
Hello guys,

I have recently finished my mother's green card application on Oct 2nd and we got her fingerprints taken on Oct 31st. Thank you for all your assistance.

I'd like to apply for green card for my brother now who is residing outside USA. I think I need to apply for I-130 first and wait for approval which may take 10 years or so? I was planning to ask him to come to USA with his tourist visa next month and then apply but I can't have him stay here illegally for 10+ years. He has his MBA education and speaks 3 languages. Can we apply for employment authorization card after filing I-130 or should we wait for approval first? And which one takes 10+ years: 1-130 or I-485?

Or, should I apply when he is in our country? I think there are 2 years left on his 10 year B1 visa. Can he come to US in the meanwhile when my I-130 application is pending? Can he apply for another tourist visa after this one expires while I-130 is under process?

He is 27 years old and lives in Turkey.

Thank you again,
 
First of all, I-130 approval doesn't take 10 years; it's the wait for visa numbers in the F4 category (sibling of U.S. citizen) takes that long (actually currently about 12.5 years; longer for people born in Mexico and Philippines). But I-130 approval by itself doesn't help you, as you need BOTH I-130 approval AND a visa number to be available, for him to go to the next step, which is either Adjustment of Status (I-485) if he is in the U.S. at that time, or Consular Processing if he is not. He will almost certainly go through Consular Processing, because it is highly unlikely that they would let him into the U.S. on a nonimmigrant visa close enough to his priority date being current for him to be able to do Adjustment of Status, unless perhaps he is on H1b which allows immigrant intent.

I-130 filing or approval by itself gives him no status nor any benefit. He cannot get EAD or anything like that. Only if he has a pending I-485 can he get an EAD. Whether he is in the U.S. now or not really has no bearing on anything, because B1 or B2 status has a really short duration of stay. Staying in the U.S. illegally won't help him either, because in his category, he needs to be in status at the time he files I-485 to qualify for AOS. He should be able to enter and/or get tourist visas after I-130 is filed, at least for the first few years, because the wait in his category is so long, so he couldn't really abuse it anyway; but it's hard to say. He should be honest about the petition if asked, and express that he intends to do Consular Processing when he wait is up.

If your brother is unmarried, a faster way would be for your mother to petition for him. That would be under the F2B category (unmarried adult child of permanent resident), which currently has a wait of almost 7 years. Note that this way, your brother cannot get married (at least cannot get married before your mother becomes a citizen) or the petition will be void.
 
Thanks for all sharing these immigration matters. I am US Citizen filed for my mother I-130 which is in progress. I want to file I-130 for my brother who is unmarried and 21 years in Dec 2014. He will be in F4 category and will have priority date of Dec2014. My mother might come on GC in Dec2015 as her file is in process. Once she is in US, if she filed for my brother who is unmarried still will be in F2B category which is faster. My question here is,

1. Will his previous priority date of F4 (Dec 2014) will be moved to F2B file (if F2B filed somewhere in 2016)?

2. Can we transfer priority dates irrespective of different petitioners?

3. Does he need same petitioner to transfer priority dates from F4 to F2B?


I really appreciate for your answers.
 
reply4me said:
Thanks for all sharing these immigration matters. I am US Citizen filed for my mother I-130 which is in progress. I want to file I-130 for my brother who is unmarried and 21 years in Dec 2014. He will be in F4 category and will have priority date of Dec2014. My mother might come on GC in Dec2015 as her file is in process. Once she is in US, if she filed for my brother who is unmarried still will be in F2B category which is faster. My question here is,

1. Will his previous priority date of F4 (Dec 2014) will be moved to F2B file (if F2B filed somewhere in 2016)?

2. Can we transfer priority dates irrespective of different petitioners?

3. Does he need same petitioner to transfer priority dates from F4 to F2B?


I really appreciate for your answers.
Click to expand...
1. no
2. no
3. yes
 
Hello New cast,
Thanks for your reply. In employment categories you can transfer EB3 to EB2 irrespective of petitioner right? why it is not in family immigration categories? Once again thanks for your updates. I really appreciate it.
 
Hello Friends

My sister is an US citizen and has filed I-130 petition for me a year ago. I live in India.
Can I know when I 130 petition will be approved.

I have read in forums that for some people I-130 gets approved in 6 months, for others i-130 has been approved in a 1 yr or in 2 yrs.
Currently, within how many months I -130 gets approved?

I understand for the entire process to get GC Visa takes around 11-13 yrs.
I would appreciate if I get reply to my query. Thanking you
 
@prashant_vt , processing times till i130 approval vary according to type of family relationship (as well as service center). Immediate relative categories have visa numbers immediately available so processing times are the main delay there, and those are the ones being dealt with fastest. For F3 and F4 cases, like yours, they can take a few years to approve because it doesn’t affect the processing time of the entire case. Unless you have children you are worried about ageing out, time to approval doesn’t affect you.

F4 (sibling category) for India currently has visa numbers available for cases filed from 8 July 2004 and earlier, so close to 15 years from petition to immigrant visa/green card. Note this is only the past wait time for cases now current, wait times tend to lengthen over time (there is a finite number of F-based visas that can be issued each year but the number waiting rises most years) so you will likely end up waiting longer than 15 years.
 
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