Questions about I-130 for my brother

C

cooljavy

New Member
Hi, I have been reading other posts and found lots of information. This is a great site. I recently became a US citizen and was researching about how to bring my brother to the US. I have three questions, I hope somebody can help me with them:

1.) My brother currently has a 5 year Tourist Visa expiring next year. Should I wait until he renews his Visa next year before applying for I-130? Could he be denied his Visa while the process takes place? The wait for a sibling is 12-15 years, I would not want him not have the option to come as a tourist during that long period of time.

2.) I was not planning in bringing my parents to the US, they have Tourist Visas and they visit me often, but, If I file a petition for my parents and after they become residents they could petition my brother, Is that a better option? How long after their Visa gets approved they have to wait until they can sponsor my brother? I can not afford to have my parents living here with me, do they have to live here for a certain period of time? My brother is currently getting divorced. Could my parents petition him as "non married son" after he gets divorced?

3.) I got confused about the waiting periods. For a I-130 sibling the department of state shows to be processing cases from 08 SEP 93, and the Vermont Center shows Sep 24 1999. Does that means that my brother would only have to wait about 6 years or 12 years or even 18 (both combined)?

I would really appreciate any help.
 
cooljavy said:
Hi, I have been reading other posts and found lots of information. This is a great site. I recently became a US citizen and was researching about how to bring my brother to the US. I have three questions, I hope somebody can help me with them:

1.) My brother currently has a 5 year Tourist Visa expiring next year. Should I wait until he renews his Visa next year before applying for I-130? Could he be denied his Visa while the process takes place? YES The wait for a sibling is 12-15 years, I would not want him not have the option to come as a tourist during that long period of time. However he has to mention in the non-immigrant application form Brother as Citizen. He can not hide it. If he hide it it will affect is immigrant petition in the future.
2.) I was not planning in bringing my parents to the US, they have Tourist Visas and they visit me often, but, If I file a petition for my parents and after they become residents they could petition my brother, Is that a better option? How long after their Visa gets approved they have to wait until they can sponsor my brother? I can not afford to have my parents living here with me, do they have to live here for a certain period of time?
Parents have to stay 2 to 3 yrs in US before getting the citizenship.
My brother is currently getting divorced. Could my parents petition him as "non married son" after he gets divorced? His status is not married at all.
3.) I got confused about the waiting periods. For a I-130 sibling the department of state shows to be processing cases from 08 SEP 93, and the Vermont Center shows Sep 24 1999. Does that means that my brother would only have to wait about 6 years or 12 years or even 18 (both combined)?

I 130 is the underlying immigrant petition which establishes the relation ship parent/brother/son/daughter and gauge the sponser's financial capability. This is the first step for immigrant visa. Just I 130 get approved means nothing nowadays. After I 130 approved, the papers will go to National Visa Center for taking long NAP usually 10-12 yrs in your case.

As per new rule, your I 130 will not processed until your filing date is current.

The priority date is important. That is given by department of State. Once the date is current you can adjust the status or cousellor processing to get GC. Brother Sister category now 12 years, it may increase when the years go.

Find out possibility whether he can eligible to get H1 and get green card through that.

I would really appreciate any help.
Click to expand...
 
Thank you for the response great_guru. I am still unclear on my 2nd question:

Could my parents (after they become GC holders) petition my brother as "non married son" after he gets divorced?
 
cooljavy said:
Thank you for the response great_guru. I am still unclear on my 2nd question:

Could my parents (after they become GC holders) petition my brother as "non married son" after he gets divorced?
Click to expand...
Yes the can. However, it may still take a around 6 - 7 years for the visa number to be available. Right now, they are processing 1998 applications. Also, your brother cannot get married again until his GC is approved. I suggest to file now and if the date does not move forward for your brother's category, upgrade I-130 once your parents become US citizens.
 
EricNeesGC said:
Yes the can. However, it may still take a around 6 - 7 years for the visa number to be available. Right now, they are processing 1998 applications. Also, your brother cannot get married again until his GC is approved. I suggest to file now and if the date does not move forward for your brother's category, upgrade I-130 once your parents become US citizens.
Click to expand...

Thanks for the info EricNeesGC. I believe the wait is only about 4 years, the current Visa bulletin has:
2A* 22MAY01
and the Vermont Center has:
December 17, 2001

Am I correct? Thanks!
 
You must log in or register to reply here.
Top