mother or sister? who is best to file for brother over 21?

[upchurch 0]

I need help and advice on who is best to file for my brother.

My sister is a US citizen and my mother is a LPR.

If my sister or my mother file for him does he have to have a valid visa during the 5mth wait for the I-130 to be approved?

Can he adjust his status at all while he is here?

I know he was supposed to just come visit and return, but there are other family and security issues that may not allow him to return at this time.

Anyone adjust status for sibling or child over 21yrs???? :help:

[NigeriaorBust 4,087]

Your problem is the wait for an available visa number for either class . For siblings the wait is 10 years and for adult children of an LPR it is almost the same , plus he must stay single. If he is coming on a visitors visa with the intent to immigrat that is illegal and could result in a lifetime ban.

[NigeriaorBust 4,087]

I looked up the current dates F4 ( sibling ) they are working the Nov of 2000 petitions

F2B adult child of LPR Jan of 2004

F1 child of USC ( if mom becomes USC ) Apr 2005

So you can see the wait , no way can he just hang around on a visitors visa until a petition filed now becomes current

[ceadsearc 516]

The above advice is correct. To add, overstay isn't forgiven for children of LPRs or for siblings of USCs so if he overstays his visa, he won't be eligible for a green card through either path until he leaves the country and waits out any ban he has incurred.