Question about my sibling

[Renatus 2]

Hi folks question, I am an American citizen and my brother currently lives here in the USA illegally. He is unmarried and he is not under 21 (obvi older).

1- Does he need to leave the USA so I can legalize him or can I do that without him exiting the USA?

2- Is it using the F category (like F1, F2 and etc)? what is he category F4?

Please help, thank you very much!

[aaron2020 11,651]

How long has he been living illegally in the US?  That will determine how long of a ban he has once he leaves the US.

 

1.  Yes, he needs to leave the US if he wants to legally immigrate through you.  Depending on how long he was in the US illegally, he could have a 3 years or 10 years ban.  There's no way for him to become legal through you if he stays in the US.  

 

2.  This would be an F4 case, USC petitioning a sibling.  The current wait is 14-15 years.  He can serve his ban during this time.  Doesn't matter if he's married or not.  

Edited February 6, 2021 by aaron2020

[payxibka 10,047]

Just now, Renatus said:

Hi folks question, I am an American citizen and my brother currently lives here in the USA illegally. He is unmarried and he is not under 21 (obvi older).

1- Does he need to leave the USA so I can legalize him or can I do that without him exiting the USA?

2- Is it using the F category (like F1, F2 and etc)? what is he category F4?

Please help, thank you very much!

1.  He cannot correct his situation without a departure 

2.  F4. It will take 15 to 20 years before his number will come up.

[Renatus 2]

3 minutes ago, aaron2020 said:

How long has he been living illegally in the US?  That will determine how long of a ban he has once he leaves the US.

 

1.  Yes, he needs to leave the US if he wants to legally immigrate through you.  Depending on how long he was in the US illegally, he could have a 3 years or 10 years ban.  

 

2.  This would be an F4 case, USC petitioning a sibling.  The current wait is 14-15 years.  He can serve his ban during this time.  Doesn't matter if he's married or not.  

Thank you for that information, he has been here for about 15 years.

Then if I am not mistaken he will need to wait 10 (ban) years to enter in the USA again, if that is the case can I already start the F4 petitioning of sibling while he is still here? 

For example since the wait is 14 plus years can I start the F4 petitioning of sibling for him now since he will only depart the USA the end of the year? Will it work?

 

Thank you again!

[Boiler 45,982]

Does nor matter where he is when you file.

[aaron2020 11,651]

You can file while he's here. 

Since he has been here for 15 years, he will get a 10 years ban once he leaves the US.  After 10 years outside the US, he can benefit from the petition you file for him.