When to file Adjustment of Status

[danielb2017 14]

Hi everyone! Quick question on filing time for adjustment of status for my brother. 
 

I am a USC, and my brother travelled from his own country in Europe for a vacation about 6 weeks ago. (ESTA Entry) Weather was pretty bad for the first couple of weeks so he decided to extend his stay here so we could do more things together that we originally planned. Recently, his girlfriend broke up with him and he really has nowhere to go back home so I floated the idea to him that maybe he should think about staying here if it’s possible and that I could sponsor him for a green card. He is interested and so I started to look into it. 
 

I understand the AOS process, as its something I have been through before after I met my wife and we got married in 2017. My question is, when is the ideal time to file? There seems to be some variance with 60+ days and some either say wait until after 90 days but his ESTA only lasts for 90 days and we don't want to break any rules if he overstays. He did not come here with any intent to stay, but life threw him some lemons and myself and my family would be happy to help him out if at all possible to help him get on his feet and start over. 
 

Any advice or links to guides/previous threads will be greatly appreciated! Thanks so much. 

[Verrou 1,962]

sibling visa take years. he cant just wait in the US out of status. u can only file i-130 for him and nothing else. sibling and spouse is not the same procedure.

 

 

Edited April 14, 2023 by Misscloud

[Dashinka 24,480]

Your brother falls in the F4 category, so AOS is not an option as a visa would not be available for about 16 years.  You can file the I130 though to get in the queue.

[Chancy 6,241]

6 minutes ago, danielb2017 said:

when is the ideal time to file?

 

He can't.  Even if he didn't intend to stay when he first entered, with a USC sibling as his only possible petitioner, he is not eligible to file I-485 without an approved I-130 filed before April 2007.

 

You may understand the AOS process that you went through, but that was AOS for an immediate relative of a US citizen.  A sibling is not considered an immediate relative for US immigration, so the rules for your brother are different.  It will take 16+ years for him to be eligible for an F4 sibling visa, assuming you file an I-130 petition for him right now.  No way he can stay in the US legally for that long while on ESTA.

 

[Dashinka 24,480]

1 minute ago, Chancy said:

 

He can't.  Even if he didn't intend to stay when he first entered, with a USC sibling as his only possible petitioner, he is not eligible to file I-485 without an approved I-130 filed before April 2007.

 

You may understand the AOS process that you went through, but that was AOS for an immediate relative of a US citizen.  A sibling is not considered an immediate relative for US immigration, so the rules for your brother are different.  It will take 16+ years for him to be eligible for an F4 sibling visa, assuming you file an I-130 petition for him right now.  No way he can stay in the US legally for that long while on ESTA.

 

Especially if he ever wants to use ESTA again.

[Boiler 45,445]

If you file for him now he is looking at the late 2040's. Probably.

 

Find him a new Girlfriend?

[danielb2017 14]

Thanks for all the feedback! This is why I come here first before spending time or money on an attorney. You all rock!