Jump to content
i23dre

Can I Petition for Brother in USA?

By i23dre in Bringing Family Members of US Citizens to America

 Share

11 posts in this topic

Recommended Posts

i23dre Newbie

i23dre   0

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Hello,

I am a US Citizen over 21 years of age, my brother has been in the US for over 10 years now, but no longer has a valid Student Visa status. He is Single not married.

Can I file for him, and if so do I file the I-130?

I called USCIS and asked them the same thing but they said he would have to be in out of the country for me to file the I-130, and there is no way for me to file for him.

Thank you in advance for you responses.

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Hello,

I am a US Citizen over 21 years of age, my brother has been in the US for over 10 years now, but no longer has a valid Student Visa status. He is Single not married.

Can I file for him, and if so do I file the I-130?

I called USCIS and asked them the same thing but they said he would have to be in out of the country for me to file the I-130, and there is no way for me to file for him.

Thank you in advance for you responses.

you can file for him, what he can't do is adjust in the US, meaning get his Gc, siblings don't qualify to adjust in country unless there is an immigration reforma and the laws change.

depending on the country, ti will take a lot of years, the minimum is 9 years or more.

from what country is he?

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

You can file for him, but there is no forgiving his overstay, so he must serve his 10 year ban. If he leaves now he will have served the ban right about when his number is current. Unless something changes there is nothing you can do. He has earned his ban , it is his choice if he wants to be hiding or serve the ban and then become legal

This will not be over quickly. You will not enjoy this.

i23dre Newbie

i23dre   0

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
  • Author
Posted

My friend Mom was here for 10 years as well and he (as a citizen) filed for her, she got her GC with no problem.

I know it's a much different priority but similar circumstances.

Would an Attorney be able to help us keep him here while he files?

I find it hard to believe he HAS to leave.

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

My friend Mom was here for 10 years as well and he (as a citizen) filed for her, she got her GC with no problem.

I know it's a much different priority but similar circumstances.

Would an Attorney be able to help us keep him here while he files?

I find it hard to believe he HAS to leave.

no, everyone who overstays or enters without inspection is deportable. an attorney can do nothing. siblings don't qualify to adjust in country, but you never know. laws can change in 10 years.

Boiler Grand Master

Boiler   46,336

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

If you file now and he leaves now, he should have served his ban when a visa becomes available.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

My friend Mom was here for 10 years as well and he (as a citizen) filed for her, she got her GC with no problem.

I know it's a much different priority but similar circumstances.

Would an Attorney be able to help us keep him here while he files?

I find it hard to believe he HAS to leave.

A mother is considered an immediate relative by USCIS--a brother is not. Immediate relatives (parents or children) can adjust status even with an overstay.

A visa number is immediately available for parents of US citizens. A visa number is not immediately available for siblings.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

i23dre Newbie

i23dre   0

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
  • Author
Posted

Thank you all so much for your advice.

It's definitely not the news I was hoping for, I'll try to get a free consultation from a Lawyer and see if they go down the same path, I fear they may promise something they cannot deliver however.

Thanks

Andre

LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted (edited)

Thank you all so much for your advice.

It's definitely not the news I was hoping for, I'll try to get a free consultation from a Lawyer and see if they go down the same path, I fear they may promise something they cannot deliver however.

Thanks

Andre

Andre, remember lawyers can't change the law or rules, so be careful of what they will promise you. I think the facts as you see and read them here are what they are.

Your brother should have left when he turned 18, then he would not be having this 10 year ban against him.

Edited by LIFE'SJOURNEY
sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Why do you find it hard to difficult to believe that he HAS to leave?

He overstayed his welcome in the US. Ergo, he has to leave. Actually, he should've left a long time ago.

Good news is that if he leaves now and you file a petition for him, he will have served his ban by the time a visa # becomes available for him.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...