US citizen-sponser GC for brother from India

3

326166

New Member
I'm a US citizen.
What is the timeline to get GC for brother (age: 25). (He is my immediate brother)
He is currently in India waiting for H1 (querry pending).
He has bachelor in Engineering (Software) and MBA from India.
Any suggestion on the situation above would help.
I would like to sponser GC for him though he gets H1, please suggest process (forms, stages in processing I130 etc., timeline 'n' years to approve) for family based green card processing. Thanks.

One more thing:
Will it be faster for him to get directly GC as a skilled employee (BS in Engineering, MS) after getting H1B employment in US?
I'm not sure if family based GC is faster currently than skilled employee.
 
326166 said:
I'm a US citizen.
What is the timeline to get GC for brother (age: 25). (He is my immediate brother)
He is currently in India waiting for H1 (querry pending).
He has bachelor in Engineering (Software) and MBA from India.
Any suggestion on the situation above would help.
I would like to sponser GC for him though he gets H1, please suggest process (forms, stages in processing I130 etc., timeline 'n' years to approve) for family based green card processing. Thanks.

One more thing:
Will it be faster for him to get directly GC as a skilled employee (BS in Engineering, MS) after getting H1B employment in US?
I'm not sure if family based GC is faster currently than skilled employee.
Click to expand...

You can research all these questions if you spend time reading this forum.

Anyway, brothers & sisters come under 4th category for family and for India the priority date is Jan 1997..so it'll take him more than 12yrs or so to get his GC if you apply today...

http://travel.state.gov/travel/visa/frvi_bulletincurrent.html
 
Can I sponser child of my sister

I as a citizen, can apply for the son (16 yrs) of my sister. The problem is my sister is not alive she died in a road accident few yrs back. so what are my options and under which category I can apply for hom?

Thanks
:eek:
 
honeyhappy said:
I as a citizen, can apply for the son (16 yrs) of my sister. The problem is my sister is not alive she died in a road accident few yrs back. so what are my options and under which category I can apply for hom?
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There are no options to sponsor a niece or nephew directly. You can only sponsor them indirectly by sponsoring their parent (your sibling), which is now impossible in this case.
 
Have you considered legally adopting your nephew?

honeyhappy said:
I as a citizen, can apply for the son (16 yrs) of my sister. The problem is my sister is not alive she died in a road accident few yrs back. so what are my options and under which category I can apply for hom?
Click to expand...
 
Triple Citizen said:
Have you considered legally adopting your nephew?
Click to expand...
I don't think that will work, as the nephew is already 16. The adoption has to be completed before the 16th birthday, unless they meet the sibling exception (i.e. a 16 or 17 year old with an under-16 sibling who is also being adopted).
 
I know it will not work for citizenship, but it will still allow the uncle to sponsor a green card.


Jackolantern said:
I don't think that will work, as the nephew is already 16. The adoption has to be completed before the 16th birthday, unless they meet the sibling exception (i.e. a 16 or 17 year old with an under-16 sibling who is also being adopted).
Click to expand...
 
Triple Citizen said:
I know it will not work for citizenship, but it will still allow the uncle to sponsor a green card.
Click to expand...
Not unless the uncle marries the living parent to become a stepfather. It's too late for a straight adoption. And the living parent would have to be of the opposite sex (which apparently is not the case here) and not the sibling of the USC.
 
Last edited by a moderator:
So the upper cap of 16 with regards to adoption is for immigration related causes or adoption itself?

Jackolantern said:
Not unless the uncle marries the living parent to become a stepfather. It's too late for a straight adoption. And the living parent would have to be of the opposite sex (which apparently is not the case here) and not the sibling of the USC.
Click to expand...
 
Triple Citizen said:
So the upper cap of 16 with regards to adoption is for immigration related causes or adoption itself?
Click to expand...
To be considered a "child" of a USC for immigration purposes the adoption must have been finalized before the 16th birthday, unless the sibling exception mentioned above or stepparent relationship applies.
 
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