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mjaskiew

Brother to sponsor his sibling who is already in the US

By mjaskiew in Bringing Family Members of US Citizens to America

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mjaskiew Contributor

mjaskiew   8

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I have friends whose brother just arrived in the US on B1/B2 visa. The friend is US citizen and he is thinking about filing an I-130 for his brother.

Question: the brother is allowed to stay in the US for 6 months under his tourist visa, if they file I-130 for him - can he stay longer i.e. +/- 10 years it takes to get a green card in F4 category? Or does he have to maintain other legal status (e.g. student visa)the whole time until his priority date becomes current and he can file I-485?

Green card through employment in EB2 category approved in July 2011

mjaskiew Contributor

mjaskiew   8

Posted
Filed: AOS (apr) Timeline
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Posted

He would not be permitted to remain based upon his pending I-130.

That's exactly what I told them... So the only option for them is to file the I-130 and seek other routes for the brother to stay in the US legally , correct?

Thank you for your response!

Green card through employment in EB2 category approved in July 2011

 
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