FIL, Permanent Resident, Petition Married Son from Philippines, Start to Finish Time?

[WeedWhackerDood 0]

I am a USC and my FIL is here as Permanent Resident from the Philippines and has just received his Green Card 45-days ago. We would like to bring my married Filipino Brother-In-Law (BIL) and his family to the USA. My BIL has a college degree as a Teacher and has been gainfully employed as a Teacher in the Philippines for ~10-years.

1.) Should we attack this issue from 3 separate fronts?

a.) Have FIL petition him?

i.) When can my FIL petition him?

b.) Have my Spouse petition him as a Brother and wait 20 years?

c.) Try to get him a job as a Teacher in the USA?

2.) If we do file more than one type of Petition, do we get refunded for any that do not get approved or get voided? (I imagine not).

3.) Would it be a good thing to apply for a Tourist Visa so he can come and visit now and then, while the Petition is in process?

4.) My BIL has applied to go to Canada and that may get approved faster to get him closer to us, if his Canada initiative gets approved, would it be easier to Petition him to the USA at that time? Does Canada have preferential status for Petitions?

Thanks for the answers or suggestions.

Regards,

Edited December 28, 2010 by WeedWhackerDood

[RICARDO4EVA2 194]

Ok in short... The father in law (FIL) cannot petition for him he MUST be a u.s. Citizen... Since he is married. You're not able to petition for him.... If he has a brother he too must be a u.s. Citizen to do this.

[milimelo 4,562]

1. FIL can't file as he is not USC. It will take around 5 years before FIL is eligible for naturalization.

2. Your spouse can petition for sibling - wait time is around 22 yrs from someone from Philippines.

3. With the thousands of USC and LPR teachers laid off in the US (don't you read the newspapers?) it will be next to impossible to bring your BIL in on a teacher job.

No, you don't get refund on other petitions - they're each treated as individual petitions and are not combined. A person can certainly have more than one petition in the works.

BIL can definitely apply for a tourist visa - the consul will decide if he qualifies to receive one.

Don't know about the question on Canada - I'd imagine he'd be better off there than in the US if he can get there faster - social system, medical care...

[Jojo92122 1,924]

I am a USC and my FIL is here as Permanent Resident from the Philippines and has just received his Green Card 45-days ago. We would like to bring my married Filipino Brother-In-Law (BIL) and his family to the USA. My BIL has a college degree as a Teacher and has been gainfully employed as a Teacher in the Philippines for ~10-years.

1.) Should we attack this issue from 3 separate fronts?

The intending immigrant can pursue as many avenues as he/she wants to immigrate to the US.

a.) Have FIL petition him?

i.) When can my FIL petition him?

A LPR can not petition for a married son. Your FIL must be a US citizen in order to petition for a married son.

b.) Have my Spouse petition him as a Brother and wait 20 years?

Your wife can file for her brother only if she is a US citizen. An LPR cannot file for a sibling. Only US citizens are allowed to petition for a sibling.

c.) Try to get him a job as a Teacher in the USA?

That's not going to happen. No public school system will file for a work visa for a foreign national while there are plenty of unemployed teachers in the US.

A foreign national cannot directly obtain a work visa. A US employer must file for the work visa on behalf of the foreign national. This is only possible after the US employer certifies with the US Labor Dept that there are no qualified US person and that is why the employer needs a work visa to employ a qualified foreign national.

2.) If we do file more than one type of Petition, do we get refunded for any that do not get approved or get voided? (I imagine not).

Absolutely not. It is a filing fee. You submit the application, then you must pay the fee. There are no refunds.

3.) Would it be a good thing to apply for a Tourist Visa so he can come and visit now and then, while the Petition is in process?

It depends if he qualifies. He must show strong ties to the Philippines. He must show that he is not likely to become an illegal immigrant.

4.) My BIL has applied to go to Canada and that may get approved faster to get him closer to us, if his Canada initiative gets approved, would it be easier to Petition him to the USA at that time? Does Canada have preferential status for Petitions?

Nope. Immigration petitions country categories are based on place of birth. It doesn't matter where in the world he lives, any petition filed for him will be under the Philippines category.

[WeedWhackerDood 0]

Thanks for all of the highly detailed answers. POB eh? That kills what I thought was an ACE in the hole.

Again, THANKS!