Brother has overstayed visa

[kikamaria 0]

Hi! I apologize that this has probably been answered 5 gazillion times, but I really do appreciate any help on this topic. I am a U.S. citizen, and my brother currently lives with my husband and I in the country. He has overstayed his visitor's visa though, but we want to somehow get him legalized. Am I able to sponsor him? How would I go about getting help for him? We want to get him working as soon as possible. Thanks ahead of time for your help! If this has already been addressed, could I kindly be pointed to the correct threads? I did do a search using keywords, but didn't come up with anything useful.

Edited October 25, 2008 by kikamaria

[aaron2020 11,651]

Hi! I apologize that this has probably been answered 5 gazillion times, but I really do appreciate any help on this topic. I am a U.S. citizen, and my brother currently lives with my husband and I in the country. He has overstayed his visitor's visa though, but we want to somehow get him legalized. Am I able to sponsor him? How would I go about getting help for him? We want to get him working as soon as possible. Thanks ahead of time for your help! If this has already been addressed, could I kindly be pointed to the correct threads? I did do a search using keywords, but didn't come up with anything useful.

Yes, you can sponser your brother for a family based visa in the F4 category. Click the "Guides" button at the top of this page. The process takes about 12 years. It's even longer for siblings from the Philippines who have to wait for 22 years in the F4 category.

You cannot legalize your brother while he is here. He has to go home. USCIS will not allow you or him to circumvent the wait that everyone else is subject to. If he has overstayed his visa by 181 days, he is subject to a 3 years ban from returning to the US. If he has overstayed his visa by one year, he is subject to a 10 years ban.

[angel_eyes1976 0]

Hi! I apologize that this has probably been answered 5 gazillion times, but I really do appreciate any help on this topic. I am a U.S. citizen, and my brother currently lives with my husband and I in the country. He has overstayed his visitor's visa though, but we want to somehow get him legalized. Am I able to sponsor him? How would I go about getting help for him? We want to get him working as soon as possible. Thanks ahead of time for your help! If this has already been addressed, could I kindly be pointed to the correct threads? I did do a search using keywords, but didn't come up with anything useful.

Yes, you can sponser your brother for a family based visa in the F4 category. Click the "Guides" button at the top of this page. The process takes about 12 years. It's even longer for siblings from the Philippines who have to wait for 22 years in the F4 category.

You cannot legalize your brother while he is here. He has to go home. USCIS will not allow you or him to circumvent the wait that everyone else is subject to. If he has overstayed his visa by 181 days, he is subject to a 3 years ban from returning to the US. If he has overstayed his visa by one year, he is subject to a 10 years ban.

the fastest way to legalize your brother is if he marries a US citizen and the spouse petitions him...and his overstay will be forgiven...

you can petition your brother, petition might get approved but during interview, most likely your brother will be denied because of his overstay... you, as the petitioner, cannot file a waiver for him because only a US citizen spouse and parents are qualified to file a waiver... he has to be subjected to a 3/10yr ban. after the ban, then thats when you can file for a petition.

[Boiler 46,103]

The only practical way is to find him a USC Wife.