Brother sponsering F1 student

[vega1x1 0]

My brother is here on a student visa. I am a US citizen and I want to submit a immigrant petition for him. Would he have to go back to the home country if his student visa is up and his immigration petition has not gone through? or can he stay here until his immigration visa is approved?

My other brother is in pakistan. I want to sponser him as well but I am not sure if I should wait for my mom to file for him when she becomes a US citizen(Her case is in process at this time) or file for him myself right now?

They are both over 21 but would suffer extreme hardship on their own in Pakistan. Is there any way their processing times could be expidated?

Edited December 5, 2009 by vega1x1

[aaron2020 11,651]

My brother is here on a student visa. I am a US citizen and I want to submit a immigrant petition for him. Would he have to go back to the home country if his student visa is up and his immigration petition has not gone through? or can he stay here until his immigration visa is approved?

Having a petition filed does not grant the beneficiary any rights to be in the US. Your brother must return home before his student visa expires. If he stays here illegally, the petition you file for him will be useless since a person cannot violate immigration laws and expect to benefit from them without facing a 10 years ban from the US. It will take about 10 years for you to petition for your brother. If your brother stays here illegally, it will take 20 years for you to get him a visa.

My other brother is in pakistan. I want to sponser him as well but I am not sure if I should wait for my mom to file for him when she becomes a US citizen(Her case is in process at this time) or file for him myself right now?

File two petitions for each brother - one by you and another by your mom. Have your mother file for your brothers and you file for them. Each I-130 is only $355. If your mother files for them and dies before they immigrate, the petitions are automatically withdrawn and any petition you file for them at that time would mean they have to start their wait all over. A beneficiary can have more than one I-130 filed for them. So, you should file I-130s for each of your brother and your mother can do the same while she is an LPR if your brothers are not married. Once your mother becomes a US citizen, she can have the petitions upgraded and your brothers would have the advantage of having Priority Dates that are earlier than her date of citizenship. Start the wait now rather than after she gets her citizenship.

They are both over 21 but would suffer extreme hardship on their own in Pakistan. Is there any way their processing times could be expidated?

Absolutely not. Your brothers are adults - over the age of 18. Economic hardship is not a valid reason for anything since most of us have family that are poor and living in 3rd world countries. I have a brother who makes $400/year in Vietnam and he supports his wife and three children. Without the money we give him, he could not even survive or send his children to school. So a hard life is not an "extreme hardship" that USCIS will considered. Too many people with the similar stories. Your brothers will have to wait and get in line behind everyone else's brothers and sisters. My brother and his family recently got their visas after 9 years of waiting. My brother was petitioned by my dad in the F3 family preference category.

Edited December 5, 2009 by aaron2020

[vega1x1 0]

thanks aaron2020 for the advice. I will file for them asap then and my mom can file when she gets here as well....