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Sponsor Mother and brother

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  • Rough Neighbor
    replied
    No, your brother can't have a Work Permit out of your eventual petition for him. Neither in the short haul nor in the foreseeable future.

    Let me put it this way. I didn't say that you can't file an I-130 petition for your brother. But you can do so "only" for all what it is worth - just for the sake of filing but with a "wait time" attached (for any "immigration benefit" like Work Permit for your brother) right on the verge of "eternity."

    Ok, look at this, let's say your I-130 would have a priority date of 12/15/2007, while your country's current priority date is 06/22/1997.

    Your brother can only file Form I-485 (green card application) when the two dates above match. Well, I don't know, but for sure it's not gonna happen within 10 years from today. It can be longer, but no way to be less.

    The I-485 is based on the I-130, while the I-765 (Work Permit application) is based on the I-485. The I-765 is not a stand-alone application, or it can't be filed without an underlying I-485.

    So, you do the math.

    Leave a comment:


  • SunDevilUSA
    replied
    Chance: if your brother is in America as an F-1 student, he knew that it was a non-immigrant visa when he obtained same. Once he graduates, he'll be entitled to one year of optional practical training...but, unless he obtains another legal status through employment (or another family relationship), he will have to return to his country of origin.

    As an American citizen, you will be able to sponsor your brother for permanent residency - a process that will take many years. However, your brother cannot remain legally in America based solely on your sponsorship. Unless he can independently retain legal status, he will have to leave the country until his immigrant visa is approved.

    Leave a comment:


  • chance
    replied
    so what you are saying is that i can not sponsor him or make him stay here? say after his school is over and he does not get his H1B. i just wanted him to have his work employement with out seeking permanenet residency is fine but jsut working here until he gets it through me.

    Leave a comment:


  • Rough Neighbor
    replied
    It depends on the country of origin of your brother but as how things stand as of now, a sibling petition ranks the lowest among all family-based preferences. The priority date is 1985 for the Philippines and mid to late 1990's for all other countries. So this means that your eventual petition for him would be his last hope to gain a legal status and work authorization in the US. You said he's a student right now. Is it F-1? If so then after one year of his full-time studies, he can seek the assistance of his DSO to apply for a Work Permit. He'll be in a lawful nonimmigrant status as long as he's enrolled. Then he could change his status to H-1B, or rather have a US business sponsor him for PERM for an employment-based permanent residency. He should in all instances try to maintain his status in order that his options would remain open.

    Leave a comment:


  • chance
    replied
    how would my brother obtain a valid visa? right now he is a student and i was going to petition for him too right? i just want him to be able to work here in the U.S. until he gets his permanenet residency is that problem or what can I do?

    Leave a comment:


  • Hudson
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by chance:
    Hello! I am in the process of achieving citizenship and would like to know what I need to do sponsor my mom and my brother once I become one. I know tht it takes a little longer for my brother but meanwhile can he stay in the U.S.? or what if he is outside the U.S. can he be on some special permit? Thank you for your help. </div></BLOCKQUOTE>
    Your brother can stay as long as he is on a valid visa. It would be better for him to obatin permanent residency status either through employment or family (marriage) by his own means, if he is at that age.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    you are right in that you could apply for your mother and she could receive an immigrant visa fairly quickly (unless she has racked up unlawful presence, in which case she is out of luck for some number of years)--as for your brother, well, the average wait time for siblings is around 12-18 years, depending on what country he is from....but don't worry if he has ever committed visa fraud,,,,as long as he as only made an 'honorable' mistake (according to proudusc) he should not be held responsible for his actions.

    Leave a comment:


  • chance
    replied
    Hello! I am in the process of achieving citizenship and would like to know what I need to do sponsor my mom and my brother once I become one. I know tht it takes a little longer for my brother but meanwhile can he stay in the U.S.? or what if he is outside the U.S. can he be on some special permit? Thank you for your help.

    Leave a comment:


  • chance
    started a topic Sponsor Mother and brother

    Sponsor Mother and brother

    Hello! I am in the process of achieving citizenship and would like to know what I need to do sponsor my mom and my brother once I become one. I know tht it takes a little longer for my brother but meanwhile can he stay in the U.S.? or what if he is outside the U.S. can he be on some special permit? Thank you for your help.
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