brother of US citizen

[nyancho 0]

Hello,

I filed the I-130 for my brother in December 2006 and it was approved in June 2009 and sent to the NVC. The NVC says that the visa number is not yet available. I am thinking of inviting my brother (visitor's visa) and have him wait for the visa number here in the US. I wanted to know if anybody has experience pertaining to this and did you run into any problems. I hear that the USCIS may ask my brother to go back to the home country to apply for a visa once the visa number becomes available.

Thanks

nyancho

[Anh map 2,098]

Yes, the visa interview will take place in his home country.

If he comes to the US on a visitor visa and remains until the interview date your plan will likely result in a long term ban for your brother due to overstay.

Edited July 25, 2012 by Anh map

[Penguin_ie 5,995]

Your brother can only stay a maximum of 6 months on a visitors visa, and cannot work. It will take much longer than 6 months for his priority date to become current.

[VanessaTony 3,567]

Hello,

I filed the I-130 for my brother in December 2006 and it was approved in June 2009 and sent to the NVC. The NVC says that the visa number is not yet available. I am thinking of inviting my brother (visitor's visa) and have him wait for the visa number here in the US. I wanted to know if anybody has experience pertaining to this and did you run into any problems. I hear that the USCIS may ask my brother to go back to the home country to apply for a visa once the visa number becomes available.

Thanks

nyancho

Here is the current visa bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5733.html

They are currently processing F4 visas (brothers & sisters of adult USC's) with priority dates of 22 Jan 2001 and in August it will be 15 Feb 2001. In June it was the 8th Jan 2001. In May it was 1st Dec 2000.

Based on that they're processing it about a month at a time (except for June - July which was only 2 weeks). Your brother can expect approval sometime around June 2018, possibly later, possibly earlier. You need to watch the visa bulletin.

Either way he can't fall out of status, he's not eligible to adjust if he's out of status, and if he overstays he will have a ban. 3 years if he overstays 6 months, 10 years if he overstays a year or more.

[Harsh_77 718]

cannot do that visitor visa is not for waiting out in US.