Can a USC sponsor his brother through the process of adjustment of status if the brother is in the US on temporary visa?
If yes, could the brother remain in the US while waiting for a GC interview?
If you are an USC and over 21, you are eligible (there are some financial restrictions) to sponsor your brother. However, because brothers and sisters of USC fall under preference #4, an immigrant visa number is not automatically available (only spouses, parents and unmarried children under 21 get immediate visa numbers) and due to the severe backlog and the other 3 preference #s, it will take a long time (years) for it to become available. Only after you have a visa number available is that you can continue with the application process. In the mean time, your brother can only stay until the date set by the immigration officer at the POE. What your brother can do is apply for a student visa or try to get an work visa that would allow him to stay here legally.
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