I-130 for my brother

[udacha6]

I recently became a US citizen and would like to file I-130 for my brother and his family.
The big question is, of course, the immigrant intent that comes with I-130 and what to do with B1/B2 visas for the next 10 years.
He comes here often (once a year for as long as I've lived here - 10 years) - vacations etc - and has no problem obtaining/renewing his B1/B2s today. He has a good job there and will never move here until it is legal for him to do it. How does he prove that next time he applies for a tourist visa renewal? What works and what doesn't?

 

[adnanusa]

I was wondering about the same question as I was speaking with my brother!!

 

[newacct]

Having a petition filed for you doesn't mean you have intent to immigrate after you enter. He just needs to demonstrate strong ties to his home country like always. When the priority date gets closer to being current, it might get harder.

 

[Jackolantern]

Since he has a long history of visiting the US (presumably without overstaying), and he's not being petitioned by a spouse, child, or parent, he shouldn't have a problem using and renewing his visa.

 

[udacha6]

I appreciate your feedback. No, no overstaying. He is here only for 10-14 days a year, because he is employed and doesn't have unlimited vacation days.
Great. He is the only relative I have and would hate to do anything to affect his ability to come and visit us.

One last question.... His daughter (my niece) is eight now and given long processing delays may be over 21 when the priority date becomes current unless something changes and the immigration reform significantly changes the timescale or cancels F4 category alltogether. Is that an issue or the child eligibility is defined by the priority date which would be next month? I am basically doing it because of her as neither I nor my brother are 100% sure that he or his wife would actually move here in 10-13 years because of the financial issues (primarily not being able to find a job here at the age of 50), but my niece would definitely appreciate a chance to start her young life in a different country.

 

[Jackolantern]

One last question.... His daughter (my niece) is eight now and given long processing delays may be over 21 when the priority date becomes current unless something changes and the immigration reform significantly changes the timescale or cancels F4 category alltogether. Is that an issue or the child eligibility is defined by the priority date which would be next month?

The CSPA allows for an age adjustment based on how long the I-130 was pending (r.g. if the I-130 takes 18 months to be approved, her age would be adjusted down by 18 months), so she might still be able to immigrate at 21 or 22.