Interesting Situation

L

laboheme

New Member
Hello
I have really interesting question, Thank you for advice.
My really good friend came from Slovakia to visit his brother in 03 and then he decides to finish his high school over here. After that he tried to go to collage but they told him he needs to go back to home country to apply for it there. He knew it, it is not realistic over there to get F1 visa. So he decides to stay with his only one brother who already become American citizen and with his family. He starts working for his brother and then he find a job as assistant in one of the top photographic company in states and Adobe Photoshop user. He become excellent in it, he discovers a unique way of creating digital art. He start his own fine art photography and already won couple state prices and got his work to galleries. He is wondering if he can get somehow GC or working permit to stay with his only one brother.
Thank you very much
 
If his Brother is over 21 then his brother can sponser him in getting a Green Card.

Forms I-130, I-485, I-864, I-765 (Employment if he wants to work in the U.S. LEGALLY).

But heres the thing, The guy needs to show proof that he came across the border Legally, like an I-94 and if he doesn't show that then he can be denied for the Green Card and you just lost a thousand bucks right there.

To get an I-94 you must obtain one going INTO the United States, in which he can if he comes back to the U.s>
 
Also there is a problem regarding sibling sponsorship as this is seriously backlogged. Im not 100% on the extent of the backlog but I think it will take something close to 6-8 years for a USC to get a greencard for a sibling.
 
Oops!!! i may have been optimisic with 6-8 years for a sibling sponsored greencard....the reality is closer to 12 years.
 
Thank you to all of you for your reply. The think is, he overstay his visas and they expire about 2 years ago, his brother his is turning now 40. But he came to country legaly, can he still try to apply for those forms.
Thank you very much
 
Im not too sure. Whilst he may have entered the country legally, he is now currently in the 'illegally' as his legal status expired when his visa did. As he has overstayed by more than 365 days, he is now subject to a 10 year ban from the states. I dont know the whole ins and outs of this process, but as far as Im aware, the 10 year count down will not start until he leaves the country. Therefore, if the sibling sponsorship visa is applied for whilst he is in the US illegally it will be denied. He will have to leave the US without returning for 10 years.
 
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