US citizen sponsoring sibling already in US

[nomiee]

I'm a US Citizen and I want to sponsor my 29 year old brother who is currently in US on a 5 year multiple entry visitor's visa. Will he have to go back before I can apply or can I apply and have him stay in the US (and work legally) till he is called after 10 years?

 

[Jackolantern]

The 10+ year wait time is just to enter the final stage when he would be eligible to stay in the US to complete the process via adjustment of status; he cannot stay legally based on your sponsorship until after he has waited it out. So he will have to go back, unless he can find some other way to stay independently of your sponsorship, like finding an employer to hire him with an H1B.

 

[Triple Citizen]

You may submit an I-130 while he is here on a visit visa, but that act in itself does not grant him any residency rights. He has to leave before his B-2 status expires. Also note, future visits on his B-2 visa may become very difficult once you file an I-130 for him.

Will he have to go back before I can apply or can I apply and have him stay in the US (and work legally) till he is called after 10 years?