Needing Info on how to file for Brother and his family already in the US

[GiveYurLife2Jesus 19]

I’m a united state citizen and I would like to file for my older brother his wife and kids who already reside in the US on F1 visa status but are now out of status due to non registration of classes 

please how do I go about filing for them. Thanks 

[Cyberfx1024 7,980]

3 minutes ago, GiveYurLife2Jesus said:

I’m a united state citizen and I would like to file for my older brother his wife and kids who already reside in the US on F1 visa status but are now out of status due to non registration of classes 

please how do I go about filing for them. Thanks 

You can not file AOS at all. They will need to go home.

[Dashinka 24,509]

I believe F4 is the only option, and as @Cyberfx1024 said, this is not something that can be done in the US.

 

 

[Cyberfx1024 7,980]

1 minute ago, Bill & Katya said:

I believe F4 is the only option, and as @Cyberfx1024 said, this is not something that can be done in the US.

 

 

Pretty much it and the wait time is 10+ years depending on the country right now. 

[GiveYurLife2Jesus 19]

11 minutes ago, Bill & Katya said:

I believe F4 is the only option, and as @Cyberfx1024 said, this is not something that can be done in the US.

 

 

Thanks everyone I’ll let them know 

[SusieQQQ 11,586]

35 minutes ago, GiveYurLife2Jesus said:

I’m a united state citizen and I would like to file for my older brother his wife and kids who already reside in the US on F1 visa status but are now out of status due to non registration of classes 

please how do I go about filing for them. Thanks 

As the others said, you can file F4 for them but they need to go home first.  The sooner the better so that any ban they face is limited/over by the time the F4 becomes current. How long have they been out of status?

 

Edited March 16, 2019 by SusieQQQ

[WeGuyGal 1,052]

They have to leave the US asap. You can file F4 sibling petition but takes 10+ years. 

[GiveYurLife2Jesus 19]

1 hour ago, SusieQQQ said:

As the others said, you can file F4 for them but they need to go home first.  The sooner the better so that any ban they face is limited/over by the time the F4 becomes current. How long have they been out of status?

 

About three months 

[SusieQQQ 11,586]

14 minutes ago, GiveYurLife2Jesus said:

About three months 

Then they need to leave ASAP before any ban kicks in (180 days). Of course the overstay will already probably mean any new non immigrant visa is unlikely. 

How old are the children?

[geowrian 22,337]

You can file for your brother and he can bring his spouse (assuming he is still married) and children (if they still qualify as children).

Expect at least 15 years, probably closer to 20 or so. For some countries (Mexico & Philippines right now) it's likely closer to 30 years.

Overstay is not ignored in their cases.

Starting at 180 days of overstay, there is a 3 year bar. This grows to 10 years at 1 year of overstay.

If removed non-voluntarily, this complicates it even further. It's best to go home ASAP.

[EmilyW 1,437]

4 hours ago, geowrian said:

You can file for your brother and he can bring his spouse (assuming he is still married) and children (if they still qualify as children).

Expect at least 15 years, probably closer to 20 or so. For some countries (Mexico & Philippines right now) it's likely closer to 30 years.

Overstay is not ignored in their cases.

Starting at 180 days of overstay, there is a 3 year bar. This grows to 10 years at 1 year of overstay.

If removed non-voluntarily, this complicates it even further. It's best to go home ASAP.

This is important.

 

If the plan was for them to just stay until their case is current, it's not a plan.

 

There are no options for them to stay and adjust.  They must leave and they must leave now.  If nothing else, for their kids who they are knowingly forcing into a life lived in the shadows.

[aleful 1,905]

hi

 

you file the i130 for your brother and then forget about the petition. depending on the country, the wait is from 14 years or over up to over 20 years of waiting

 

they must return to their country as everyone has stated, they would get a 10 year ban and there is no waiver for your brother. once they were out of status they have to go back. 

 

 

[Boiler 45,525]

Just a quick comment that the OP never mentioned anything about obtaining status immediately, just if he could file for his Brother whilst he is still in the US, which of course he can.