Green Card through Brother or Sister

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

US Citizen applying for green card for brother or sister

Detailed question:

I am a US citizen and would like to sponsor my brother for Permanent Residency. How long would it take for him to get Green card.If I file green card for him, does his family (His wife and kids) automatically get green card or should I file for each of them? I think I should for all. Just a question? He gets a EAD (so he can start working) when I file Green Card?

Answer:

Watch Video on this FAQ: US Citizen applying for green card for brother or sister

Video Transcript:

It takes about thirteen to fourteen years. Children who are below the age of 21 and spouse will automatically get a green card. There is no need to apply for them separately, but there is something called CSPA (Child Status Protection Act) which allows you to deduct the number of days the I-130 was pending from the age of the child. So as a general rule that might be something to keep in mind. There will be no EAD's until their dates are current and that takes thirteen to fourteen years and they cannot stay in the USA. You can have a green card pending as through many categories as you like but you cannot expedite a green card just because you have multiple green cads pending. So there is no advantage to it but you can have multiple green cards going. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Detailed question:

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years. I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br> 1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br> 2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

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Sister Filed Petition

Detailed question:

My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?

Answer:

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

my sister filed petition me last year maybe i-130,i am an indian and my wife is italian,i am in califonia nowdays since last week.can we stay here permanantly under i-485 or aos whatever? - See more at: http://www.immigration.com/comment/14928#comment-14928
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Green Card Applications through Sister and Brother

Detailed question:

Sister is US citizen and applied for me in 1989. But I have not got any information yet. My brother again applied for me in 2009. Is there any opportunity for me to get visa earlier as applied previously?

Answer:

Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.

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LPR petition for son

Detailed question:

My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.

Answer:

It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

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Sponsoring green card for brother

Detailed question:

I am a legal permanent resident for 14 years; I would like to know what I need to do to ask for my brother to become a permanent resident or green card. He’s here in U.S visiting me with his visa. He is 27 years old and not sure if I am eligible to request it.

Answer:

You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin

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Family based petition - sibling

Detailed question:

What would be the schedule of fees for a case of Family based petition for a brother of a US citizen?

Answer:

Check out the Form I-130 filing fee.

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Cancel sponsorship of my brother

Detailed question:

I have been a petitioner for my brother since I offered it in 2002. Now, I don't want to be a sponser for my brother. Can I cancel it or not?

Answer:

You can withdraw the Form I-130.

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Family based green card.

Detailed question:

I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?

Answer:

You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.

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GC for brother and family

Detailed question:

I am a citizen here and would like to apply GC for my brother's family in India. My question is brother and family have 10 yr visiting visa and they keep travelling here every 2 yrs. Once I apply for their green card, can they still continue to visit here with their visitor visa? When would their visitor visa gets invalid.

Answer:

Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.

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B1 rejected because I had applied for Green Card

Detailed question:

I was denied B1 because of lack of documents. On reality I have applied for Green Card as my sister is citizen of USA. How can I convince US officers that I will not abandon India and settle down in USA.

Answer:

I do not know of any special proof that you can provide. This is purely a matter of consular discretion.

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Petition for Siblings

Detailed question:

My sister just got her green card last year. Can she petition her siblings ages 22 and 24? how long does the processing take?

Answer:

Only US citizens can petition for their siblings.

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Brother with medical issues

Detailed question:

Can I petition my brother to come here who has a serious medical issue and needs my help?

Answer:

Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.

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Green card Family category 4

Detailed question:

Cut off date of approved petition for my sister and family is 17 May 1999. My sister who is Indian citizen, is at present in Botswana. My nice who is 18 yrs. and approved in petition is aready in US on valid student visa. Can she apply for change of staus indepentally when visa number is available or it has to be together with family . Can she apply before her parents apply or it has to be simultaneous?

Answer:

 I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.

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