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Nay05

File for brother who is already in the us

By Nay05 in Bringing Family Members of US Citizens to America

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Nay05 Explorer

Nay05   5

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I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

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payxibka Grand Master

payxibka   10,045

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3 minutes ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Under the current rules, he cannot adjust his status from inside the USA.   

 

A sibling priority number is about 15 years to come current 

YMMV

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Crazy Cat Grand Master

Crazy Cat   41,791

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1 hour ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

He made a big mistake by overstaying.  He cannot adjust status through you.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,436

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He has to be in status to adjust status.

 

And that would be nearer 20 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pinkrlion Mentor

Pinkrlion   2,715

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A Sibling is not an immediate relative and cannot adjust in the US.  You can file for him with I-130, but it will take several years to become current.  He is acquiring a lifetime ban the longer he stays in the US.  

Phase I - IV - Completed the Immigration Journey 

 

 

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Boiler Grand Master

Boiler   45,436

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A sibling in status can adjust in the US.

 

No lifetime ban for overstay, max would be 10 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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1 hour ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Whoa

First - for non IR categories you have to be in status to adjust status so he can never adjust status through you if he is already in overstay (even if he wasn’t in overstay, i485 could only be filed when priority date current, not just after approval - approval can anyway be 10 years or longer for sibling cases)

- so obviously no chance of EAD or anything he can do legally here

- only way he is going to be able to get his green card is if he gets an immigrant visa at a consulate abroad once his priority date is current. If he is under a ban for having overstayed he cannot get a visa though. So basically the longer he overstays the more he is messing up his own potential case. 
 

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JFH Grand Master

JFH   12,190

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If you’ve got enough money to file an I-130 for him, you’ve got enough for a plane ticket home for him. Do the right thing and have him leave before the situation gets any worse. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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aaron2020 Grand Master

aaron2020   11,651

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9 hours ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

You can file an I-130 for brother.  It grants him no immigration benefit immediately.  He would need to wait 14-15 years for his Priority Date to become current before he can apply for an immigration visa.  Getting approved for an immigration visa requires him not to inadmissible.  Overstaying his visitor visa would make him inadmissible.


Bottom line is that he can not violate US immigration law and benefit from it at the same time.  As long as he overstays, the I-130 petition you file for him will be worthless.

 

Zero chances of an EAD.

 

Zero chances of adjusting status by filing an I-485.


Buy your brother a plane ticket home if he wants to get a green card through you.

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little immigrant Proficient

little immigrant   801

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11 hours ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Is your brother married or unmarried? 

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Nay05 Explorer

Nay05   5

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On 1/25/2021 at 7:17 PM, aaron2020 said:

You can file an I-130 for brother.  It grants him no immigration benefit immediately.  He would need to wait 14-15 years for his Priority Date to become current before he can apply for an immigration visa.  Getting approved for an immigration visa requires him not to inadmissible.  Overstaying his visitor visa would make him inadmissible.


Bottom line is that he can not violate US immigration law and benefit from it at the same time.  As long as he overstays, the I-130 petition you file for him will be worthless.

 

Zero chances of an EAD.

 

Zero chances of adjusting status by filing an I-485.


Buy your brother a plane ticket home if he wants to get a green card through you.

Thanks for the info. Would it be the same if his mother filed for him...she only has a greencard though? 

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Crazy Cat Grand Master

Crazy Cat   41,791

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12 minutes ago, Nay05 said:

Thanks for the info. Would it be the same if his mother filed for him...she only has a greencard though? 

So, he is still in the US two years after you started this thread????????  You need to read this whole thread again.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Nay05 Explorer

Nay05   5

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17 minutes ago, Crazy Cat said:

So, he is still in the US two years after you started this thread????????  You need to read this whole thread again.

He's still here but he's not my brother. I was asking for someone else. Don't be so shock that he's still here either poeple are living in the US undocumented I really don't understand how they do that but we all know it. I'm just trying to get some info for him. My filing days are over. He has a brother that's a citizen and a mother with a green card and they are hoping that she can file for him. I'm just trying to get the info to prove them wrong really as I suspect. 

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