Sponsering GC to my brother who is already residing in america on a different Vissa

[kumar112 1]

Hello ,

I am a US citizen , and i want to sponsor GC to my brother who is already living in US on F2 Visa . 

Can i apply for EAD for him while his I-485 is pending ?   if yes ,  i know that brother/sister category GC takes 10-14 years , so he will get EAD through out the period(14y) while his I485 is pending ?

 

Thanks in advance .

[Cyberfx1024 7,980]

26 minutes ago, kumar112 said:

Hello ,

I am a US citizen , and i want to sponsor GC to my brother who is already living in US on F2 Visa . 

Can i apply for EAD for him while his I-485 is pending ?   if yes ,  i know that brother/sister category GC takes 10-14 years , so he will get EAD through out the period(14y) while his I485 is pending ?

 

Thanks in advance .

He can not AOS due to your petition for him and he can not stay in the USA when his visa expires. He will need to go back to his country of origin and wait there for his time to come. So the sooner you file for him the sooner he will come here. What country are you both from?

 

 

Edited December 10, 2019 by Cyberfx1024

[kumar112 1]

India.

 

I mean as long as if he is maintaining any other visa he can get ead while i485 is pending ?

[Georgia16 2,858]

5 minutes ago, kumar112 said:

India.

 

I mean as long as if he is maintaining any other visa he can get ead while i485 is pending ?

You can’t AOS for a brother. That is what the above user is saying. And the overstay is not forgiving so he can’t stay here and wait for the visa to become available. It will take many many years. 

[Cyberfx1024 7,980]

11 minutes ago, kumar112 said:

India.

 

I mean as long as if he is maintaining any other visa he can get ead while i485 is pending ?

The wait for India, Mexico, and the Philippines is at almost 18-20 years right now. So him being able to stay here on derivative of a student visa is highly unlikely. 

[kumar112 1]

I Can't AOS for brother ? 

[Cyberfx1024 7,980]

Just now, kumar112 said:

I Can't AOS for brother ? 

Does he plan on staying here for 20 years without accruing an overstay status?

[Georgia16 2,858]

1 minute ago, kumar112 said:

I Can't AOS for brother ? 

No

[kumar112 1]

He may be planning to convert to another visa eventually . 

Since his spouse is on f1 he is on f2 now . once his spouse convert to any H1B or something he follows her visa like H4.

[kumar112 1]

i have red below link for Brother's AOS .

https://www.uscis.gov/greencard/family-preference

[SusieQQQ 11,586]

35 minutes ago, kumar112 said:

India.

 

I mean as long as if he is maintaining any other visa he can get ead while i485 is pending ?

You can't file the i485 for him until his priority date is current, which will be years from now. Of course, if he manages to find other legal ways to stay in the US until then, that will work; most people tend to find that difficult for a 15 years or so timeframe (actually likely to end up being more like 20 years for those filing now for India, judging by the waitlist number).

Edited December 10, 2019 by SusieQQQ

[SusieQQQ 11,586]

5 minutes ago, kumar112 said:

i have red below link for Brother's AOS .

https://www.uscis.gov/greencard/family-preference

Then you presumably followed the link in it to the instructions for the i485, which says (page 4) "you may file an adjustment application only after USCIS has approved your petition and an immigrant visa number is immediately available." (the latter condition means the priority date must be current)

 

 

[kumar112 1]

thank you  SusieQQQ  . I understood .