My brother's green card expired, and father is US citizen living outside US. Can he sponsor my brother?

[courageous girl 0]

1) These types of immigrant visa are for the purpose of family reunification inside the US. If your father remained in Pakistan whilst your brother went to America, that wouldn't be family reunification. As I said, your father would need to be able to show that he has or will have resumed his US domicile before the embassy would issue a visa to your brother.

2) Your brother could apply for an SB-1 returning resident visa, but these are extremely difficult to obtain. He would need to be able to demonstrate that not only was it always his intention to return to the US, but that the reasons that prevented him from doing so were beyond his control and could not be anticipated. If his SB-1 was somehow approved he would be able to enter the US and would receive a new green card automatically. As I said, an SB-1 is extremely difficult to obtain, and the vast majority of applications are denied.

Thanku Hypnos!

My brother applied to US embassy Pakistan last year for renewal of green card. And the application was rejected!

Is SB-1 returning resident visa the same? Applying for Green card renewal? What's the difference between these 2, and how can my brother gather supporting documentation for SB-1 Visa application? Like my father being handicapped, so his medical reports? and that he had to take care of his father in Pakistan since a couple of years? Does this premise/argument sound valid for SB-1?

[Mark88 184]

He won't qualify for a SB-1 visa, he's been outside of the country for 8 years! And the renewal was rejected simply since a green card is for people to live in the US. Applying from abroad is almost instant denial.

The only way it would work, if he had been in a coma for all that time (end even then the chances are slim).

[Hypnos 6,578]

It sounds as if what he applied for was the SB-1 which was rejected; that is not unsurprising, since they are rarely granted, as I mentioned.

Unfortunately, he has no options other than the ones already mentioned in this thread.

[Boiler 45,906]

you say that your father went to the US a few years ago for 2 months and that your Brother has been looking after him. Does that mean your Brother went as well?

[Mark88 184]

That would be interesting.

[courageous girl 0]

you say that your father went to the US a few years ago for 2 months and that your Brother has been looking after him. Does that mean your Brother went as well?

Hi Boiler

No, my brother did not go. He went with other US national siblings.

It sounds as if what he applied for was the SB-1 which was rejected; that is not unsurprising, since they are rarely granted, as I mentioned.

Unfortunately, he has no options other than the ones already mentioned in this thread.

I got it Hypnos. I appreciate ur time

He won't qualify for a SB-1 visa, he's been outside of the country for 8 years! And the renewal was rejected simply since a green card is for people to live in the US. Applying from abroad is almost instant denial.

The only way it would work, if he had been in a coma for all that time (end even then the chances are slim).

Thanks Mark88!

[courageous girl 0]

It is no use to contact the congressmen for help , it needs to start over.

To answer your question ,

1. Your father don't have to be in US to petition him but he must show that he is tied to US.

A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

He can show that by declaring that he has properties and he is temporarily in Pakistan, etc.

I'm afraid that he will have to be in US in this situation , please provide more info so we can help like his Employment status , properties..etc

2. IF he is over 21 then the processing time will be long and as you mentioned he is married and has a kid. Having your father petition him will be marginally faster ( slightly faster ) but still it will take around 10 years.

He can get his wife and his kid with him to the US , make sure to add them to the derivatives so they can get follow to join benefits.

Hi Philip

The info is that he has properties in Pakistan in Quetta, and he was ex- Govt Officer. But not now. He is retired. So no property in US. I guess hes been filing taxes- because he gets some pension/ old age benefits from US.

Edited October 21, 2014 by courageous girl

[courageous girl 0]

First there is no request to make. Second, congressmen sometimes can speed things up, but not help with the case when person is not eligible for a benefit. Your father being handicapped here does not matter at all, even less if he doesn't live in US. If embassy already refused, there is nothing that he can do - rules for maintaining residence are pretty clear.

1. Family petitions are to unite family. If your father does not live in US, there is no family to unite sending petition in this case is kind of pointless. Your father would have to have US domicile, has to prove he has filing US taxes with IRS (as any US citizen is supposed to regardless of where he/she lives) and have sufficient income to sponsor him (or find a cosponsor).

2. Sibling petitions are definitely slower, although visas for children of US citizens aren't fast by any means.

Hi Kzielu

My father has been filing taxes as he gets old age benefits/ pension from US govt in Pakistan.

But how to get US domicile? He cant go and live in US rite now, but if he applies for my brother's petition, he can go when the case is near to completion. Is that fine? ow much money he needs to have in US accounts/ Pakistan accounts roughly to sponsor my brother and his family?

[kzielu 1,149]

Hi Kzielu

My father has been filing taxes as he gets old age benefits/ pension from US govt in Pakistan.

But how to get US domicile? He cant go and live in US rite now, but if he applies for my brother's petition, he can go when the case is near to completion. Is that fine? ow much money he needs to have in US accounts/ Pakistan accounts roughly to sponsor my brother and his family?

Yes - he probably can go near completion. For the amount of money look up I-864P - his income depending on house hold size needs to 125% of poverty limit or 5 (? - can be 3 - don't remember) times that in assets. Pakistan accounts will likely not work.

[Ontarkie 14,373]

~~Similar threads merged. Please do not start another thread fro the same or similar topic~~

[Mark88 184]

No, my brother did not go. He went with other US national siblings.

On what kind of visa did he travel to the US?

Thanks Mark88!

You're welcome.

[Phoen1x 4]

On what kind of visa did he travel to the US?

You're welcome.

Mark i think the father is already a American Passport holder. He wouldn't need a visa to go back to USA.

@courageous girl

As Others have pointed out, You should now concentrate your application towards the f3 catergory....But be ready for a long wait atleast 8-10 years.

[Mark88 184]

Mark i think the father is already a American Passport holder. He wouldn't need a visa to go back to USA.

I understood, that the brother went with other siblings.

[courageous girl 0]

Mark i think the father is already a American Passport holder. He wouldn't need a visa to go back to USA.

@courageous girl

As Others have pointed out, You should now concentrate your application towards the f3 catergory....But be ready for a long wait atleast 8-10 years.

I get that hmmm. Its a long wait.

Yes, father is US national, u r rite.

Yes - he probably can go near completion. For the amount of money look up I-864P - his income depending on house hold size needs to 125% of poverty limit or 5 (? - can be 3 - don't remember) times that in assets. Pakistan accounts will likely not work.

Thanks again Kzielu!

Can u plz provide me with any official link to see the income /financial requirements for sponsoring son/daughter?

[Boiler 45,906]

I doubt he is a us national. More likely a citizen.

Nobody can tell you what it will be so many years in advance. Just what it is now.