Brother of US Citizen

[paolobase 0]

Okay, so here's a situation that i've been wrestling with the last couple of days.

My brother is currently here in the states on a US work visa. he has been here for 8 years and he has to renew on a yearly basis I believe. He's had trouble getting his visa changed due to his employers not really following through on it. So I thought, maybe I, as a newly naturalized US citizen, can sponsor him to get his immigrant visa. I looked through the process and it states

fill out for I-130 (petition for relative) and if it gets approved, fill out form-I485 (adjustment of status) and that's it.

My question is... Has anyone actually ever done this? Could it really be that easy? are there pros and cons to this?

I would really appreciate any input, thoughts and even experience on the matter.

Thanks a lot guys!

[aaron2020 11,651]

Your brother would have to wait 12-13 years to qualify to file the I-485.

It's not that easy. The system doesn't work the way you think it does.

[paolobase 0]

Your brother would have to wait 12-13 years to qualify to file the I-485.

It's not that easy. The system doesn't work the way you think it does.

which is exactly why I'm asking now. I knew it couldn't possibly be that easy. I just wanted to see if anyone actually TRIED to go this route.

[Boiler 46,144]

Lots of people have gone that route.

PI Siblings is currently about a 24 year wait and going up.

What is his current status? Can not think of an annual visa category.

[paolobase 0]

Lots of people have gone that route.

PI Siblings is currently about a 24 year wait and going up.

What is his current status? Can not think of an annual visa category.

I believe he's waiting for his EB2 but it's backlogged as well. He's working as an occupational therapist now in Austin, Tx. Like I said he's been here over 8 years and has paid taxes for all those years. I was just trying to see if there would be some hope for him. his lawyer is saying processing his EB2 could cost up to $6,000.

[Boiler 46,144]

His Employers Lawyer?

A matter of negotiation, presumably he came on a H1b and the Employer sponsored his GC.

Anyway good he has a route. And EB2 is not that backlogged.

[aaron2020 11,651]

which is exactly why I'm asking now. I knew it couldn't possibly be that easy. I just wanted to see if anyone actually TRIED to go this route.

Your brother is from the PI. 24 years after you file the I-130, he will be eligible to file the I-485.

No one is going to try to file after the I-130 is approved because the beneficiary would not be eligible to file the I-485 until his PD becomes current after 24 years and he is legally in the US.

So no one is actually going to try this route. It would be denied and a waste of money.

[paolobase 0]

His Employers Lawyer?

A matter of negotiation, presumably he came on a H1b and the Employer sponsored his GC.

Anyway good he has a route. And EB2 is not that backlogged.

his immigration lawyer. yeah i believe he did come in as an H1b. just gonna need to see it throught I guess. Thank you for your input, Boiler. I appreciat it.

[Hypnos 6,578]

It wouldn't even get so far as to be denied. USCIS would not accept the I-485 on its face, because a visa number is not currently available.

[cristina16 81]

Okay, so here's a situation that i've been wrestling with the last couple of days.

My brother is currently here in the states on a US work visa. he has been here for 8 years and he has to renew on a yearly basis I believe. He's had trouble getting his visa changed due to his employers not really following through on it. So I thought, maybe I, as a newly naturalized US citizen, can sponsor him to get his immigrant visa. I looked through the process and it states

fill out for I-130 (petition for relative) and if it gets approved, fill out form-I485 (adjustment of status) and that's it.

My question is... Has anyone actually ever done this? Could it really be that easy? are there pros and cons to this?

I would really appreciate any input, thoughts and even experience on the matter.

Thanks a lot guys!

Is he single? He should look at the route of getting married (to a USC or LPR) and adjust from that. But of course if he has a wife back home in PH this is not a viable option.

[JFH 12,191]

After all these years, does he not qualify for citizenship yet?

[aaron2020 11,651]

After all these years, does he not qualify for citizenship yet?

No because the brother is here on a visa. He is not a green card holder. Visa holder do not qualify for citizenship. Only green card holders can become citizens.

[paolobase 0]

It wouldn't even get so far as to be denied. USCIS would not accept the I-485 on its face, because a visa number is not currently available.

I see what you're saying

[kzielu 1,149]

After all these years, does he not qualify for citizenship yet?

Why would he ?

[paolobase 0]

Is he single? He should look at the route of getting married (to a USC or LPR) and adjust from that. But of course if he has a wife back home in PH this is not a viable option.

haha! yeah he's single but he doesn't want to do it "that way". I know a few of his female co-workers have offered it to him. I guess he's just not the type.

After all these years, does he not qualify for citizenship yet?

I've read that while I was processesing my own naturalization that a person can apply for citizenship after he completes 40 quarters of paying taxes (that's 10 years right?) at least I think that's what it said.