Frequently Asked Questions - Green Card through Brother or Sister

US Citizen applying for green card for brother or sister
Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

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

FAQ Transcription

Sister Filed Petition

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.

Green Card Applications through Sister and Brother

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 It need not be withdrawn.

LPR petition for son

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.

Sponsoring green card for brother

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:

Family based petition - sibling

Check out the Form I-130 filing fee.

Cancel sponsorship of my brother

You can withdraw the Form I-130.

Family based green card.

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

GC for brother and family

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

B1 rejected because I had applied for Green Card

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

Petition for Siblings

Only US citizens can petition for their siblings.

Brother with medical issues

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

Green card Family category 4

 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.