[B]Can I apply for GC for my brother who is on an h1 visa??[/B]

[yahoodud123]

Hello,

I will be a citizen of the US in November, 2006 completing my oath and passport requirements.
After this,
I plan to apply Green Cards for my Parents who have already arrived in the US and are on a Tourist Visa and will be staying in the US for 4 months.
Can I apply for an AOS while they are in US and also can I apply for their EAD?

Also, My brother lives with me and is on a H1 Visa working in the US.
Should I also apply for his (AOS) GC while he is on H1?

Can you please advise me on these scenarios please?

Thanks in Advance...

 

[Anahit]

Hello,

I will be a citizen of the US in November, 2006 completing my oath and passport requirements.
After this,
I plan to apply Green Cards for my Parents who have already arrived in the US and are on a Tourist Visa and will be staying in the US for 4 months.
Can I apply for an AOS while they are in US and also can I apply for their EAD?

Yes, you can apply for AOS including EAD. However, EAD would be approved in about 3 months if not more, getting GC might take from 4-5 months to a year. So, you might want to wait until they get their GC. Then they will not need the EAD.

Also, My brother lives with me and is on a H1 Visa working in the US.
Should I also apply for his (AOS) GC while he is on H1?
Can you please advise me on these scenarios please?

Thanks in Advance...

You can... only he would have to wait for about 11 years to file for AOS or CP. Note that filing a petition does not give him a legal status, AOS does. So, he has to maintain his own legal status.
Also, your parents can file a petition for him after getting their green cards if your brother is not married. If your brother is under 21, the waiting time is 5+ years, if he is over 21, then it is 9+ years.
Another option for him would be applying for GC thru his employer.

Good luck!

 

[visaapplicant]

Hello,

I will be a citizen of the US in November, 2006 completing my oath and passport requirements.
After this,
I plan to apply Green Cards for my Parents who have already arrived in the US and are on a Tourist Visa and will be staying in the US for 4 months.
Can I apply for an AOS while they are in US and also can I apply for their EAD?
Yes

Also, My brother lives with me and is on a H1 Visa working in the US.
Should I also apply for his (AOS) GC while he is on H1?

That is your decision. You can only file I130 for him. For siblings of USC, you can file I485 (AOS) or apply for immigrant visa (CP) only when a visa number is available per visa bulletin. Rightnow the wait is about 12 years.
Alternately, after your parents get GC they can file I130 for unmarried son and the wait is about 9 years. After your parents become citizen (5 plus years after GC), they can file I130 for unmarried son (~ 5 yrs wait) or for married son (~ 8 yrs wait). The wait is longer for people from Mexico and Phillippines.

In all the scenarios there is a long wait. If getting a GC through employment is possible, that may be faster route.

Can you please advise me on these scenarios please?

Thanks in Advance...