Brother is on working visa

[J&E2013 10]

Hi guys, I don’t know if I post on the right page but I just wanna ask some help or info. I have a brother, from the Philippines and he was on a working visa here in the US as a bartender in a cruise ship. I know it takes 20-30 years to petition your siblings but is there anyway I can petition him to live here permanently? Since he was in the US already? Thanks

[Mike E 11,739]

7 minutes ago, J&E2013 said:

Hi guys, I don’t know if I post on the right page but I just wanna ask some help or info. I have a brother, from the Philippines and he was on a working visa here in the US as a bartender in a cruise ship. I know it takes 20-30 years to petition your siblings but is there anyway I can petition him to live here permanently? Since he was in the US already? Thanks

No, sorry there is no way to do so.  
 

You should file I-130 for your brother.  Take it from an old man like me: 30 years passes fast. 

[J&E2013 10]

12 minutes ago, Mike E said:

No, sorry there is no way to do so.  
 

You should file I-130 for your brother.  Take it from an old man like me: 30 years passes fast. 

Thanks for the info, I guess there is no fastest way to get him here. 

[jan22 3,053]

Even if your brother had an immigrant visa category that would normally allow him to adjust status, as a crew member he would not be able to do so. Check out  Section A in the "Other Barred Adjustment Applicants" in the USCIS Policy Manual at https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7.

Edited February 27, 2022 by jan22

[J&E2013 10]

2 hours ago, jan22 said:

Even if your brother had an immigrant visa category that would normally allow him to adjust status, as a crew member he would not be able to do so. Check out  Section A in the "Other Barred Adjustment Applicants" in the USCIS Policy Manual at https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7.

Thanks for all the info, I was planning to petition my mom after my dad died from covid 😥 last August but she doesn’t want to live here coz if she did she can petition my siblings but I think it will never happen. But thanks anyway for all your help/info guys I really appreciate it.. 

[igoyougoduke 1,656]

13 hours ago, J&E2013 said:

Hi guys, I don’t know if I post on the right page but I just wanna ask some help or info. I have a brother, from the Philippines and he was on a working visa here in the US as a bartender in a cruise ship. I know it takes 20-30 years to petition your siblings but is there anyway I can petition him to live here permanently? Since he was in the US already? Thanks

he can find a job by himself that sponsors him work visa like H1b or L1. once you are here on H1b or L1 he can get his employer to sponsor him for green card. it is shorter by about 10-12 years

[aaron2020 11,651]

6 minutes ago, igoyougoduke said:

he can find a job by himself that sponsors him work visa like H1b or L1. once you are here on H1b or L1 he can get his employer to sponsor him for green card. it is shorter by about 10-12 years

He's a bartender.  How is he going to get an H1b or L1?

[STO Overland 137]

27 minutes ago, aaron2020 said:

He's a bartender.  How is he going to get an H1b or L1?

I’m sure there’s a savvy lawyer out there who can get him a L1B based on his specialized cocktail knowledge

[JeanneAdil 6,498]

Crewmember is a C-1/D visa 

The transit visa portion is the “C-1” part of the nomenclature, and the “D” part is the crewmember visa.

 

Crewmember (D) visas are nonimmigrant visas for persons working on board commercial sea vessels or international airlines in the United States, providing services required for normal operation and intending to depart the United States on the same vessel or any other vessel within 29 days.”

 

 

Petition for your brother and do the wait like i am /  i know it takes a long time but its worth it 

[igoyougoduke 1,656]

59 minutes ago, aaron2020 said:

He's a bartender.  How is he going to get an H1b or L1?

go study in college on F1 --- get work - get h1b - get green card 

[Mike E 11,739]

1 hour ago, igoyougoduke said:

go study in college on F1 --- get work - get h1b - get green card 

That’s immigration intent.  

[igoyougoduke 1,656]

2 hours ago, Mike E said:

That’s immigration intent.  

millions of people go to study - work and than get green card. lol nothing wrong with it. his brother having a immigrant petition has no effect on him coming to study - work and get green card

[Rocio0010 5,579]

2 hours ago, Mike E said:

That’s immigration intent.  

How’s that immigrant intent?

[Mike E 11,739]

2 hours ago, igoyougoduke said:

millions of people go to study - work and than get green card. lol nothing wrong with it.

If an F-1 applicant says in the interview he intends to get a green card the CO is expected to deny the visa.  For example:
 

https://www.quora.com/Is-it-possible-to-be-accepted-by-Harvard-but-have-your-visa-rejected

 

“I once refused an F-1 visa for a student who had won admission to Harvard, because I knew for a pure fact that he had no intention of returning to India and was already planning for his future life in the US. But the F-1 is a non-immigrant visa so, sorry but no.”

 

2 hours ago, Rocio0010 said:

How’s that immigrant intent?

 

“go study in college on F1 --- get work - get h1b - get green card”

 

 A green card is granted to immigrants.  That’s immigration intent. More from my link:

 

”Hi Kathryn, I am genuinely curious about your answer. I am not here to abuse you, because I know you did what you think was right. But can you explain it to me that why a person with ‘legal’ immigration intent is denied visa according to the law? F1 is an education visa, why would laws deny a person to graduate and move to H1?”

 

Reply:

 

”I agree that the regs seems contradictory. Luckily, I did not write them so don’t have to try to make them more compatible/rational”

 

—-

 

I will add that that my recollection is the CO knew there was immigration intent because prior to the interview she was at a social event where the applicant’s father  was bragging about his son’s Harvard scholarship and that his son intended to immigrate to the USA.  It appears that info has since been edited out and I’ve no way to proof my recollection.  

Edited February 28, 2022 by Mike E

[J&E2013 10]

Thanks to all of you guys who answers all my queries. I really appreciate all your help.. 🥰 my brother told me his visa was C1D. And October this year his contract ends, it’s hard to find an employer (land base jobs) that hires Filipino worker from the Philippines and much harder to find agency in the Philippines that process work visa to come to US since there’s a lot of scam out there. I don’t know how to get him here except petition him but it takes forever.. and I don’t think I’ll take that option since my brother is in his 30+ years old plus he’s married and have 2 daughters. But anyway guys thanks again for all your input/info 😊