I-130 & i-485 concurrent or not, Brother currently in Russia, has B1\B2 through 2019

[Larisko 0]

Hi there,

Looking for some help to see what option is better please.

Brother (over 21) currently in Russia and holds B1\B2 visa for next three years (through 2019). He visited US previously twice and has not violated his visa.

I could just file I-130 for now, but would it affect his current visa in anyway? Will he be able to get a new visa after this one expires if his I-130 still processing (as I understand it takes years and years)? Will I be able to file I-485 if he comes here on his visa and stays? Will he have any issues if he stays on current visa and we file I-485? Can I have him come here on visa and stay and file I-130 and I-485 together? What rights will he have? Work authorization, SSN, Driver's license, Travel document?

I heard before that if you file I-130 before person has valid entry visa (B1\B2) they can deny visa, so we made sure he received his visa and now I would like to file for him to immigrate. Would like for him to be able to stay in US and travel while I-130 is processing, if there is a way. Any help is appreciated.

Thanks a lot.

Lari

[Shauneg 762]

He cannot enter on a visitor's visa and stay, it's a visitor's visa not a visa to get into the country then immigrate from. It is fraud.

[Larisko 0]

Thanks for your response, however suggestions are really appreciated, not just a statement that it's fraud. I am not trying to do anything illegal, just looking for a way to bring him here and dont know where to start.

[newacct 688]

If you petition your brother, it will be in the F4 category, which has a wait for visa numbers of almost 13 years. That means only 13 years after you file I-130 will he be eligible for Adjustment of Status (I-485) or go through Consular Processing. He cannot file I-485 when you file I-130 or soon afterwards, because a visa number will not be available for his petition.

[Shauneg 762]

If you petition your brother, it will be in the F4 category, which has a wait for visa numbers of almost 13 years. That means only 13 years after you file I-130 will he be eligible for Adjustment of Status (I-485) or go through Consular Processing. He cannot file I-485 when you file I-130 or soon afterwards, because a visa number will not be available for his petition.

This goes for even if he's in the U.S. ....there is no way other than the normal route.

[Larisko 0]

If you petition your brother, it will be in the F4 category, which has a wait for visa numbers of almost 13 years. That means only 13 years after you file I-130 will he be eligible for Adjustment of Status (I-485) or go through Consular Processing. He cannot file I-485 when you file I-130 or soon afterwards, because a visa number will not be available for his petition.

Thank you! Do you think he would be able to renew his B1/B2 if his I-130 is processing? I want him to be able to travel and see me when ever he wants to during these 13 years of hell..

Edited June 21, 2016 by Larisko

[Shauneg 762]

Thank you! Do you think he would be able to renew his B1/B2 if his I-130 is processing? I want him to be able to travel and see me when ever he wants to during these 13 years of hell..

Case by case basis. I would imagine yes since there's no way for him to stay and adjust. It doesn't have to be hell....go visit him. Take a vacation together in a 3rd country....

[EmilyW 1,528]

Perhaps he could try for a work visa?

[squareleg 69]

He cannot enter on a visitor's visa and stay, it's a visitor's visa not a visa to get into the country then immigrate from. It is fraud.

Larisko didn't say anything about doing something illegal or committing fraud.

[squareleg 69]

Case by case basis. I would imagine yes since there's no way for him to stay and adjust. It doesn't have to be hell....go visit him. Take a vacation together in a 3rd country....

wow.....where did OP indicate that they want to have their brother stay and adjust?

[Shauneg 762]

wow.....where did OP indicate that they want to have their brother stay and adjust?

Here....

Can I have him come here on visa and stay and file I-130 and I-485 together? What rights will he have? Work authorization, SSN, Driver's license, Travel document?

Larisko didn't say anything about doing something illegal or committing fraud.

But they did, I don't think it was intentional.........never did.

"Can I have him come here on visa and stay and file I-130 and I-485 together? What rights will he have? Work authorization, SSN, Driver's license, Travel document?"

[ManCharsey 254]

Thank you! Do you think he would be able to renew his B1/B2 if his I-130 is processing? I want him to be able to travel and see me when ever he wants to during these 13 years of hell..

How is it hell? I heard Russia is a nice place to live! In fact, I will like to move there sometime ;-)