GC for brother and his family

C

cranky_jutt

Registered Users (C)
Hello,
I am USC. My brother lives in New Zealand and has PR there. He is skilled worker. He also holds passport of UK because he lived in UK before.
I heard that i can apply for his GC while he is visiting me here in USA and he can apply for EAD while waiting for his GC.
is that true?

if true, he can practically start working on EAD immediately after his GC application is filed. this sounds too good to be true but my friend told me that it is possible.

folks here, please correct me
 
You can file a petition for him at any time, whether he is in the U.S. or not. Then there is a 12+ year wait for the priority date becomes current, and only after that can he apply for a green card. At that point if he is in the U.S. and in status, he can apply for Adjustment of Status and get EAD while waiting. But, it is very unlikely for him to be in the U.S. at that time, or for them to let him in on a tourist visa close to that time.
 
newacct said:
You can file a petition for him at any time, whether he is in the U.S. or not. Then there is a 12+ year wait for the priority date becomes current, and only after that can he apply for a green card. At that point if he is in the U.S. and in status, he can apply for Adjustment of Status and get EAD while waiting. But, it is very unlikely for him to be in the U.S. at that time, or for them to let him in on a tourist visa close to that time.
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Thank you.
He does not need visa to come to US. he has UK passport. if he visit me and i apply for his GC while he is in US on visit, can he still get EAD? he is going to be in visitor status and i do not what does not it means that he has to maintain his status. how is he going to maintain visitor status.
 
cranky_jutt said:
Thank you.
He does not need visa to come to US. he has UK passport. if he visit me and i apply for his GC while he is in US on visit, can he still get EAD? he is going to be in visitor status and i do not what does not it means that he has to maintain his status. how is he going to maintain visitor status.
Click to expand...

No. Like I said, he can only apply for an EAD when he applies for Adjustment of Status. And he can only do that if he is in the U.S. when he has a petition whose priority date is current. If you file a petition now, its priority date will be current in more than 12 years.
 
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