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Posted

I am a USC my dad is a LPR who is planning on submitting his application for citizenship fairly soon. We would like to submit a petition for my brother who is currently over 21 /unmarried overseas. 10 Years ago my brother returned to our home country after overstaying his visa as a child. He is also schizophrenic and during his time in the US he got in to a bit of trouble with the law for petty thief. His probation was not completed so a warrant was issued for him (still active) I wanted to know what is the best route to take or having him return to the US? 
 

He left the US in 2009 so it’s been over 10 years. We didn’t know if his mental health would allow us to file under any others category other than unmarried child. Any direction would be helpful.

Posted

Well, his criminal history may play a part in the decision of whether or not he gets a visa.

 

Also, no matter what route you or your father take, it will be about 10 years or more before your brother gets his visa.

 

Only categories is son over 21 that you dad can file... 7 - 10 years

Sibling visa you can file... 15 - 20 years.

 

And your brother will need to stay out of any more trouble moving forward. And even then, a visa is not guaranteed.

 

Just giving you something to consider. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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