Green card question from newbie

A

allthatjez

New Member
Hi all,

I've come across this blog while looking for some answers that I can't seem to find.

My mother is a US Citizen. She wants to apply for legal residency for her brother, who has been in the US for 20 years illegally. He has no criminal record.

What are the options we have in this situation? I know she can apply for siblings who are living in another country and I know the average waiting time is 11 years or something. But I have no idea what the laws are for siblings already living here.

Any info is helpful,

Thanks!
Jez
 
There are no options for her to file for her brother. By entering the US and remaining illegally, he has broken US law. In some states, her assisting her brother is considered a criminal act for her.
 
A citizen cannot sponsor a sibling who is in the US illegally. The noncitizen sibling needs to leave the US and wait out the applicable bar to entry (in this case, 10 years). However, the I-130 can be filed now and remain pending while waiting out the 10 years.
 
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