Hello, I would like to know what my brother's status is after we send the petition, I'm a citizen and he is living here for over 15 years, now that I'm a US Citizen I want him to become legal, if I send the petition, will he be legal or some kind of legal status, can he obtain a license, can he work, can he stay in the country? please advice me, how does it work in this case. I'll appreciate all advice for any posible related scenario, thank you.
Full Version: What is my brother status after the petition
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America
If you Have filed form I-130 for your brother he is going to have to wait until a visa is available to him.... that will take about 20 25 years.... he will have to return to his home country to have the visa interview and if he has been here illegally... it will be denied.... as it is he will incure a 10 year Ban on re-entry to the USA as he has been here illegally for the last 15 years..... filling the I-130 does not change his legal status.... he is still illegal...
You should seek the help from an immigration lawyer... as I dont see any way for him to gain legal status here in the US...
Kez
You should seek the help from an immigration lawyer... as I dont see any way for him to gain legal status here in the US...
Kez
Dang, so 20-25 plus the 10 year ban will be a total of 35 years before he can be a legal resident? 
Waiting time for an immigrant visa number for USC's siblings from Phillippines is, at the moment, 20 years, those from Mexico 15, and from other countries about 12...
So, if your brother is not from Mexico or Philippines, and leaves the USA now, by the time the visa becomes available to him ( around 2018), he'll be out of the country for 10 years, and be eligible to get an immigrant visa... Well, at least thoreticaly and according to current waiting times and laws...
So, if your brother is not from Mexico or Philippines, and leaves the USA now, by the time the visa becomes available to him ( around 2018), he'll be out of the country for 10 years, and be eligible to get an immigrant visa... Well, at least thoreticaly and according to current waiting times and laws...
QUOTE(jula @ Jul 23 2007, 02:01 AM) 
Waiting time for an immigrant visa number for USC's siblings from Phillippines is, at the moment, 20 years, those from Mexico 15, and from other countries about 12...
So, if your brother is not from Mexico or Philippines, and leaves the USA now, by the time the visa becomes available to him ( around 2018), he'll be out of the country for 10 years, and be eligible to get an immigrant visa... Well, at least thoreticaly and according to current waiting times and laws...
So, if your brother is not from Mexico or Philippines, and leaves the USA now, by the time the visa becomes available to him ( around 2018), he'll be out of the country for 10 years, and be eligible to get an immigrant visa... Well, at least thoreticaly and according to current waiting times and laws...
Second the above, his best bet is Amnesty.
His best bet is to marry a US citizen then he has a chance depending on if he has ever been caught as an illegal and if he has any criminal record.
OK, pretty sad isn't it? But with all the new advances we see in the last few years, slashing wait times for all types of interviews, do you know if that wait time for brother petitions is still that long or is it less today? Also, my brother graduated from a good university, he pay for all expenses and has a greta job and business, I hear someone saying that for illegal people who graduated from university or served in the military there is somenthing coming up to get a way to seek legal status, do you know anything about this? thank you so much for your help!
QUOTE(Joseph G @ Jul 23 2007, 02:12 PM)
OK, pretty sad isn't it? But with all the new advances we see in the last few years, slashing wait times for all types of interviews, do you know if that wait time for brother petitions is still that long or is it less today?
The problem isn't the wait time for the petition, or the wait for the interview. The problem is the wait time for the visa number. If the USCIS sped up the processing so that your brother's petition was approved in one week, it still wouldn't cut the multi-year wait for the visa number. Congress only allocates a certain number of visas for family members each year. Marriage-based visas, the subject of most of this board, aren't subject to any quota, but most other family based visas are. It seems there are always more applicants than visas available, so the line keeps growing. When your brother's petition is approved, he'll be placed in the waiting line, and his place in line is based on the date the petition was originally filed for him. Since the original filing date is what determines his place in line, the time between filing and approval is irrelevant, as long as the petition is approved well before a visa number becomes available.
His waiting time depends on the number of other people who are ahead of him in line, and the rate at which they receive visas. Some people change their minds while waiting in line, some are ineligible for various reasons, others die, so not everyone ahead of him in line will end up taking a visa number.
In order to speed up the visa number wait, Congress would have to either allocate more family-based visas, or else eliminate the quota system entirely. My crystal ball is severely broken, so I can't figure out what they're going to do about this, but the most recent proposal that got the furthest had them virtually eliminating sibling-based petitions. That proposal seems dead now, so the present quota system will stay in effect unless and until Congress changes it.
QUOTE(lucyrich @ Jul 23 2007, 05:15 PM)
QUOTE(Joseph G @ Jul 23 2007, 02:12 PM)
OK, pretty sad isn't it? But with all the new advances we see in the last few years, slashing wait times for all types of interviews, do you know if that wait time for brother petitions is still that long or is it less today?
The problem isn't the wait time for the petition, or the wait for the interview. The problem is the wait time for the visa number. If the USCIS sped up the processing so that your brother's petition was approved in one week, it still wouldn't cut the multi-year wait for the visa number. Congress only allocates a certain number of visas for family members each year. Marriage-based visas, the subject of most of this board, aren't subject to any quota, but most other family based visas are. It seems there are always more applicants than visas available, so the line keeps growing. When your brother's petition is approved, he'll be placed in the waiting line, and his place in line is based on the date the petition was originally filed for him. Since the original filing date is what determines his place in line, the time between filing and approval is irrelevant, as long as the petition is approved well before a visa number becomes available.
His waiting time depends on the number of other people who are ahead of him in line, and the rate at which they receive visas. Some people change their minds while waiting in line, some are ineligible for various reasons, others die, so not everyone ahead of him in line will end up taking a visa number.
In order to speed up the visa number wait, Congress would have to either allocate more family-based visas, or else eliminate the quota system entirely. My crystal ball is severely broken, so I can't figure out what they're going to do about this, but the most recent proposal that got the furthest had them virtually eliminating sibling-based petitions. That proposal seems dead now, so the present quota system will stay in effect unless and until Congress changes it.
All good stuff.
pls of course he has a ban.
Google Dream Act for a potential change of legislation effecting those who went to school in the US, unlikely to happen anytime soon.
And you have to be legal to join the Military.
Miost Uni student would use OPT and then seek a HB1. Unusual for an illegal to go to Uni, costs too much.
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