I-130 & I-485 for brother

M

M J

Member
I am a US citizen, can I file I-130 & I-485 currently for my brother (and his wife) who is on H1 in US, here with me?
 
doc75 said:
I am a US citizen, can I file I-130 & I-485 currently for my brother (and his wife) who is on H1 in US, here with me?
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No, you can only file I-130 for your brother. In order to apply for his green card he needs to wait until his priority date becomes current. Unfortunately, it will take more than 10 years...
 
Doc75,
Only immediate relatives (spouses, parents and minor children) are allowed concurrent I-130 and I-485 filings since they are not numerically limited.
Siblings are 4th family preference. Lagging by nearly 11 years unfortunately.

doc75 said:
I am a US citizen, can I file I-130 & I-485 currently for my brother (and his wife) who is on H1 in US, here with me?
Click to expand...
 
Brother His wife and two kids

I like to apply for my brother his wife and two kids 13 and 15 currently they do not have any legal status in US they bought small business and running it.

I am a US citizen if I apply for I-130 how long does it take also by time can they get any workpermit after applying for I-130.

They came here on visitor visa and it has been expire do they have to go back or they can stay here until I-130 aproval.

Thanks
 
You can sponsor your brother, but he is looking at 10-12 years before he gets a GC. Both his kids would legally be adults by then and thus will not get GCs along with their father. His wife however will get GC along with him. Unfortunately they cannot get EAD's in the interim. Your brother needs to find an alternative route to maintain legal status in the US.
 
roony said:
I like to apply for my brother his wife and two kids 13 and 15 currently they do not have any legal status in US they bought small business and running it.

I am a US citizen if I apply for I-130 how long does it take also by time can they get any workpermit after applying for I-130.

They came here on visitor visa and it has been expire do they have to go back or they can stay here until I-130 aproval.

Thanks
Click to expand...
you can file I-130 for your brother, however, your brother can not adjust his status unless he has valid legal status. Those who is allowed to file I-485 without legal status is only immediate relative of US citizen.
Your brother eventually needs to go out of the US before adjusting status, but if he has been overstaying more than 180 days, he is not able to come back for a while.
 
Triple Citizen said:
Doc75,
Only immediate relatives (spouses, parents and minor children) are allowed concurrent I-130 and I-485 filings since they are not numerically limited.
Siblings are 4th family preference. Lagging by nearly 11 years unfortunately.
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MEN WE TIRED OF OF UR 3 NATIONALITY,
 
stop hating...

yahayajp said:
MEN WE TIRED OF OF UR 3 NATIONALITY,
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Yaha,

Man, why are you hating on triple citizen? :confused: He holds triple citizenship, that's his issue... :D You can move to Canada once you get your US citizenship to acquire a Canadian one... :eek:

Stop hating the guy.... :rolleyes:

Nerry Dhristmas.....and Iappy Oew Zear..... : :eek: :D
 
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