avegarge prcessing time for brother already in the US?

H

Happy_2010

New Member
hi everyone,

I am a US Citizen, and my brother is a Citizen Of Denmark, he is coming as a tourist in a few months, and I wanted to apply for his greencard so he can stay and live here. I have heard that for Brothers and sisters the processing time before for Greencard can take up to 10 years is that normal? accurate? please advise.
Aso if it does take that long can he work here in that time?
is it better to apply while he is in Denmark?
Can he vacation outside the country and safely return or does he have to wait until he have his GC?

Any help is greatly appreciated!

Thanks and Happy New year to everyone!
 
Read the USCIS website information on family based immigration and pay special attention to the monthly bulletin which gives processing dates.

Until he has a GC he must have another valid visa status to remain in the US. Visitor B-2 won't be sufficient for the processing time. He would need to qualify for a guest worker visa and make it through the quota. If he remains without proper status and accrues illegal presence, he will be prohibited from receiving a GC until he serves a bar outside the US so don't even think about having him stay illegally.

There is likely no way for him to remain in the US legally after the duration of his currently planned visit's authorized stay as given on the I-94 he receives at entry.

If you do not understand the information on the USCIS website, post back a specific question.
 
Yes, no, yes and no respectively.

Happy_2010 said:
I have heard that for Brothers and sisters the processing time before for Greencard can take up to 10 years is that normal? accurate?
Aso if it does take that long can he work here in that time?
is it better to apply while he is in Denmark?
Can he vacation outside the country and safely return or does he have to wait until he have his GC?
Click to expand...
 
Person can get GC even after his/her illegal status. But Beware..

I know couple came to USA in 2000 without documents.
Husband came on visitor visa and stayed. Wife came from Canada by walking through the borders.

Brother of the lady filed their family based GC back in 1994. Their priority date became current in Dec 2007. They visited immigration office WITH LAWYER. Paid $1000 as fine per person. They got GC. Well, it is up to the desire/mood of officer for sure.

Couple had SSN and was paying taxes on timely basis.

Then, they got new Passport from their country of origin embassy.

Note: I am not encouraging above things though. This is just information.
 
What applied years ago does not necessarily apply now. Thre are many laws and legal opinions/judicial rulings in the intervening time.

Illegal presence is treated more harshly now than in the past due to the large number of illegals who have done just what your friends did, IMO. It is harder for illegals to work due to increased enforcement; legitimate employers don't want to risk it. Why should they?
 
vsshah said:
I know couple came to USA in 2000 without documents.
Husband came on visitor visa and stayed. Wife came from Canada by walking through the borders.

Brother of the lady filed their family based GC back in 1994. Their priority date became current in Dec 2007. They visited immigration office WITH LAWYER. Paid $1000 as fine per person. They got GC.
Click to expand...
They got their GC after their illegal entry and illegal stay because the 245(i) law. People arriving now do not have that option.
 
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