Adjustment of status

[Suzybtran 0]

Brother from Canada currently in US, entered with Canadian passport would like to stay. In such case can we file I-130 in conjunction with adjustment of status for him to stay? I am a US citizen.

[belinda63 3,047]

No, a brother does not qualify as an immediate relative.

[Suzybtran 0]

No, a brother does not qualify as an immediate relative.

If parents are LPR can brother file adjustment of status?

[Harpa Timsah 13,258]

No, Look up the visa bulletin. He has to wait for a visa number to be available. He is in for a long wait. Also, any overstay will make him ineligible.

[JimVaPhuong 4,863]

Brother from Canada currently in US, entered with Canadian passport would like to stay. In such case can we file I-130 in conjunction with adjustment of status for him to stay? I am a US citizen.

Nobody can adjust status in the US unless there's a visa number immediately available for them. Someone who is classified as an "immediate relative of a US citizen" would have a visa number available as soon as their petition is approved, but those are only the spouse, minor unmarried children, and parents of a US citizen. For everyone else there is an annual limit to the number of people who can get a visa each year, which means there's a waiting list for visa numbers.

A brother of a US citizen is an F4 category visa. The wait for a visa number is currently about 11 years.

LPR's can petition for a spouse or minor unmarried child (F2A category) or adult unmarried son or daughter (F2B). The wait for an F2A visa number is a little over 2 years. The wait for an F2B visa number is about 8 years. The petition becomes invalid if the child gets married because an LPR can't petition for a married child. Only a US citizen can do that.

In addition to a visa number being available, everyone except those who fit in the "immediate relative" categories must have current valid non-immigrant status in the US in order to adjust status. This means your brother can't wait in the US until a visa number is available because he would have to overstay his non-immigrant status. He's going to have to return to Canada and wait a while.

I recommend you and one of your parents file an I-130 for him. That way you don't have to start over if something happens to either one of you.

[aleful 1,905]

No, Look up the visa bulletin. He has to wait for a visa number to be available. He is in for a long wait. Also, any overstay will make him ineligible.

ditto,

he can come and visit but not overstay. he has to wait in Canada all those years. if he is unmarried, for petition from LPR parents is over 8 years,

if peition is by sibling, the wait is 12 years.

[Suzybtran 0]

Nobody can adjust status in the US unless there's a visa number immediately available for them. Someone who is classified as an "immediate relative of a US citizen" would have a visa number available as soon as their petition is approved, but those are only the spouse, minor unmarried children, and parents of a US citizen. For everyone else there is an annual limit to the number of people who can get a visa each year, which means there's a waiting list for visa numbers.

A brother of a US citizen is an F4 category visa. The wait for a visa number is currently about 11 years.

LPR's can petition for a spouse or minor unmarried child (F2A category) or adult unmarried son or daughter (F2B). The wait for an F2A visa number is a little over 2 years. The wait for an F2B visa number is about 8 years. The petition becomes invalid if the child gets married because an LPR can't petition for a married child. Only a US citizen can do that.

In addition to a visa number being available, everyone except those who fit in the "immediate relative" categories must have current valid non-immigrant status in the US in order to adjust status. This means your brother can't wait in the US until a visa number is available because he would have to overstay his non-immigrant status. He's going to have to return to Canada and wait a while.

I recommend you and one of your parents file an I-130 for him. That way you don't have to start over if something happens to either one of you.

If my mom (LPR) and I (US Citizen) file I -130 for my brother, does that mean he cannot enter the US for the next 8-10 years?

[Harpa Timsah 13,258]

If my mom (LPR) and I (US Citizen) file I -130 for my brother, does that mean he cannot enter the US for the next 8-10 years?

He can still make visits, like normal, but he cannot live in the US until he has an appropriate visa.