Can a US Citizen sponsor a brother

P

Publicus

Registered Users (C)
If you are a US Citizen, and you have a brother who is in the US on a temporary work visa, can you sponsor him to get a GC? And if so, will he be able to remain in the US after his visa expires?

How long does the process take? Thanks... :)
 
Publicus said:
If you are a US Citizen, and you have a brother who is in the US on a temporary work visa, can you sponsor him to get a GC? And if so, will he be able to remain in the US after his visa expires?

How long does the process take? Thanks... :)
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I don't think he will be able to remain in the US. Yes you can apply (I believe its the 4th category under family based). It takes a minimum of 12 years (depends on country he is from).
 
Publicus,

My parents case took 14 years and this was in the mid 70's!! It takes a while. AOS comes into play once an I-130 is approved and the I-130 takes over a decade to process for a Pref 5 category
 
Thanks for your answers....I am well aware of the huge delays, however my concern is this: Can he wait in the US while USCIS is processing his I-130? i.e. have a work permit, and be free to move and live inside the US till they schedule an appointment for him.
 
If your brother is already here then it sure. But if he is overseas he cant come while the i-130 is being processed (come here via you that is, he can always come as a h1,b1,l1)
 
Rahul, he is here on a V-visa. I guess when I apply for him, he can receive a work permit then, and just hang around in the US waiting for his interview.
 
Publicus said:
Rahul, he is here on a V-visa. I guess when I apply for him, he can receive a work permit then, and just hang around in the US waiting for his interview.
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No he won't, based on your I-130.

Unless he has some other means of staying legal, your I-130 filing does exactly zero to keep him in status or let him qualify for a work permit.
 
Publicus said:
Why not?
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A pending I-130 or I-140 does not give an alien any legal status in the US, or the right to a work permit. Only a pending I-485 will do that, and your brother cannot file that until the I-130 is approved and the priority date is current, which for FB4 will be sometime around 2017.

Until then, your brother needs some other way of maintaining legal status in the United States. Really, FB4 is so slow it's pretty much useless; most other countries do not have an equivalent category.
 
TheRealCanadian said:
A pending I-130 or I-140 does not give an alien any legal status in the US, or the right to a work permit. Only a pending I-485 will do that, and your brother cannot file that until the I-130 is approved and the priority date is current, which for FB4 will be sometime around 2017.

Until then, your brother needs some other way of maintaining legal status in the United States. Really, FB4 is so slow it's pretty much useless; most other countries do not have an equivalent category.
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WOW...this is a hopeless road. Will you post a link where I can read more about this?

Thanks a lot for your time.
 
We're from Bangladesh and it took my father a little under 8 years to get his GC with his brother sponsoring him. This was in the eighties and we arrived in the States during the summer of '93.
 
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