After you file the I-130 petition, there will be a wait for visa numbers to become available before he can proceed to the next step. The wait in the F4 (siblings) category is currently almost 13 years for most countries; longer for Mexico and the Philippines. Only after a visa number is available for your petition date can he actually apply for a green card; and before then, he'll still be in the same situation he's in now.I have a new question regarding applying for siblings. I am going to become a US Citizen in 3 months. My brother is also here in USA for last 16 years. He was in F1 status for 5 years then he couldn't continue with it and became illegal. He is over staying his visas. How can I apply for him and what forms do I need to fill out? How soon the application will be approved. My brother hasn't travelled back to our country since he came in. What option does he have to travel back and come back to US? Please help. Thanks.
It could help, but only a long time down the road after you decide to petition him.Thank you for reply newacct. Looks like my status won't help my brother. He needs to find some other ways around.
Marrying a USC or having a USC child 21 or over would definitely work for Adjustment of Status. He could also go home and go through Consular Processing when a petition from the OP or some other relative becomes current.The only other viable option for the illegal brother is to marry a USC and adjusting. Not sure though if the 11-odd year overstay invites an ineligibility bar.