Get brother in USA

J

Jhon Li

Registered Users (C)
Hi,
Maybe this is offline. I filed 485 application in Dec. 2001 and I got 2nd FP sheduled notice in Sept this year. Still waiting.
In the mean time, I am wondering how to apply for a Green Card for my brother in China. He has a bachelor degree and working in a local TV station as an engineer. Any ideas?
I know I have to solve my problem first (get my 485 approved) before moving forward. and I know it is getting TOO difficult.
Any idea will be highly appreciated.

Jhon Li
 
Two well known routes are family based and employment based. Don't know if GC lottery applies to China.

Under family based, you can apply for GC subject to two conditions:
- you should be a citizen
- the beneficiary must be a blood relative; parents are fine but, when it comes to siblings, there are more conditions like they have to be below a certain age and in the case of sisters, they need to be unmarried (not sure about this). In any case, this is ruled out in your case, assuming that your brother is older as he is working as an engineer.

Employment based:
The same route that you took; h1B -> LC ->I140 -> 485 -> GC

There may be other ways but I'm not aware of them.
 
Let me just make a correction regarding GC for Siblings.

You need to be a U.S. citizen but the age or marital status of your sibling does not make a difference. My sister filed for me though I was married and the petition was approved but I had to wait for my priority date to be current to file I-485. For countries like India, China and the philipines the time frame for GC is 10 -12 years. So instead of waiting I came here on H1B and am now in
I-485 stage for past 24 months. It would be better for your brother to try H1B and employment based GC unless he doesn't mind waiting a long time in family based. Also just like employment based the GC is issued to all dependent family members (spouse and children, excluding parents) of your brother if married when you file GC for your brother.
 
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