US citizen trying to keep minor foreign born brother in United States

[gustnaples 0]

Recently I became citizen, my little brother has been living with us for almost 2 years, under a visitor visa. We have taken him out of the country

every six months to maintain his status legally.

I am ready to ask request my mother as PR, but we also would like to keep my brother legally with us. I would like to submit an I-130 but my understanding is that he can

[gustnaples 0]

Sorry I am new in this and for some reason my story was posted in the middle of writting it. Here it is...and this time is complete.

Recently I became citizen. My little brother (13) has been living with us (all american citizens) for almost 2 years, under a visitor visa. We have taken him out of the country every six months to maintain his status legally.

I am ready to ask request my mother as PR, but we also would like to keep my brother legally with us. I would like to submit an I-130 for him but my

understanding is that he can't stay in the states until his visa is approved. The process could take around 8 years. We have him because his parents can not take care of him and we can.

Does any body knows if the petition for my mother may be affected if we keep my brother beyond the time that his I94 expire? Last time that we went out to renew his I94 we have some problems because he is actually living here. We do not want to take the risk to leave the country and not be able to enter again.

Additionally does any body know if there is any option to have him living with us legally?. I am asking this since (I think) the law sees him as our child due to we have the legal custody.

Any info or experiences are greatly appreciated.

[Boiler 45,525]

He will start accruing illegal presence at 18 as far as the ban is concened.

I am going to guess he is attending Public School, a violation of his status.

You could try for a Student Visa, he would need to attend a Private School. Look up F1 Visa. However you need to show non-immigrant intent.

I am sightly amazed that he has been allowed in all these times. Just goes to show that there is no certainty in this area.

Edited November 23, 2008 by Boiler