bissa
Jun 26 2008, 12:21 PM
Is it possible to do an application for a sibling for a green card if they are already living in the states but on a student or H1B visa?
Mononoke28
Jun 26 2008, 12:31 PM
You can do anything you want, but it will take at least 5 years for the USCIS to approve or reject your petition. If approved, it will take at least another 5 years for him to get an interview.
Diana
aaron2020
Jun 26 2008, 03:05 PM
No. Your brother cannot obtain a green card as a foreign student.
Yes. Your brother can obtain a green card based on employment. See the USCIS website on EB1, EB2, EB3, & EB4 visas.
Yes. Your brother can obtain a green card based on a family relationship. You can file a I-130 for your brother in the F4 category. The current wait is 12 years to obtain a visa. It's longer for someone from the Philippines, Mexico, China, & India.
malego77
Jun 26 2008, 05:25 PM
QUOTE(bissa @ Jun 26 2008, 12:21 PM)

Is it possible to do an application for a sibling for a green card if they are already living in the states but on a student or H1B visa?
If the purpose of your petition is that your brother will be able to ajust status without get out from USA the answer is NO. He can adjust status with this kind of visa if he gets married with a US citizen. At least it's that I know at this respect.
Good luck.
CherryXS
Jun 27 2008, 10:13 AM
If you set up a company with H1-b jobs and sponsor/transfer the brother for one, yes.
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