Any Restrictions to Visit USA after filing Sibling Visa

[pgupta 19]

Hello, I will be filing I-130 for my brother and his family. my nephew is 20 years old. as we know it takes 10+ years for sibling category.

I have few questions.

 

1) What will happen to my nephew status/immigration as he is 20 years now and will be aged our when it approves

2) is there any restrictions for my brother or nephew to visit USA.What if my nephew want to come to USA on H1B while his I130 is pending?

3) what if my brother wants to visit using Visitor via while his I-13o is pending.

[aleful 1,905]

he will definitely age out so he should forget about coming with his family

 

any tourist can be denied entry, it is the discretion of the officer at customs to let a tourist enter the country, if they have a tourist visa, they can visit

 

does your nephew qualify for an H1B?

[pgupta 19]

19 minutes ago, aleful said:

he will definitely age out so he should forget about coming with his family

 

any tourist can be denied entry, it is the discretion of the officer at customs to let a tourist enter the country, if they have a tourist visa, they can visit

 

does your nephew qualify for an H1B?

He is studying right now. he may want to come using H1B in future.

[SusieQQQ 11,586]

1 hour ago, pgupta said:

He is studying right now. he may want to come using H1B in future.

Wanting an H1 and getting one are two different things. 

 

As said your nephew effectively has no possible petition, at least not through you. Maybe one day when his parents are LPRs, citizens, if the law still allows adult children to be sponsored.

 

Everyone can apply for visitor visas. They need to show proof of strong ties to home for the visa to be granted.

 

[Boiler 45,525]

A few things I do not understand:

 

Brother will be well beyond retirement age by the time a visa number is current, has he considered the practicality of retiring to the US? How will he fund his health care costs?

 

Nephew could well be married with children, possibly grandchildren by then so yes his Father could then sponsor him but he will also need to be his Sponsor.

 

All assuming current regulations do not change.

 

 

[SusieQQQ 11,586]

11 hours ago, pgupta said:

Hello, I will be filing I-130 for my brother and his family. my nephew is 20 years old. as we know it takes 10+ years for sibling category.

By the way - it’s way more than 10 years. I can’t access the visa bulletin right now for some reason to get a proper estimate but you’re probably more like looking at 15 years, if not longer.

[Boiler 45,525]

Those getting their GC now have been waiting c 14 years, looking forward you can probably double it.

[WeGuyGal 1,052]

11 hours ago, SusieQQQ said:

Wanting an H1 and getting one are two different things. 

 

As said your nephew effectively has no possible petition, at least not through you. Maybe one day when his parents are LPRs, citizens, if the law still allows adult children to be sponsored.

 

Everyone can apply for visitor visas. They need to show proof of strong ties to home for the visa to be granted.

 

Word seems go travel through the grapevine in India to the effect of, if you want an H1b, it can be had. Either on merit, or thru something a bit more under the table (according to h1b colleagues, getting legally to the US has a price.)