US Citizen wants to bring brother to US

[Black Velvet 4]

My friend seems to swear that she can file AOS while her brother is here on a B2 visa. I told her that it typically takes around 10 years. Plus, siblings are not considered immediate relatives. Therefore, her sibling has to wait for a visa to become available. What are the rules?

[Harsh_77 716]

My friend seems to swear that she can file AOS while her brother is here on a B2 visa. I told her that it typically takes around 10 years. Plus, siblings are not considered immediate relatives. Therefore, her sibling has to wait for a visa to become available. What are the rules?

As far as I am aware, brother cannot file for AOS after entering on B1/2, someone can correct me if I am wrong.

If that was possible no one would be waiting in line, everyone would enter on B1/2 and file for AOS.

[milimelo 4,230]

Absolutely not possible to AOS someone's brother who came in on B1/B2. For starters, there is a 10+ year wait on the iimigrant visa number to become available.

[Black Velvet 4]

Thanks Harsh_77 & Milimelo,

That's exactly what I told her. It is just impossible. Had the government allowed siblings to adjust status in the US, the country would be extremely populated!

[Jojo92122 1,924]

My friend seems to swear that she can file AOS while her brother is here on a B2 visa. I told her that it typically takes around 10 years. Plus, siblings are not considered immediate relatives. Therefore, her sibling has to wait for a visa to become available. What are the rules?

Absolutely not unless his Priority Date is current and he had no intent to immigrate when he entered the US on the B2 visa. It takes about 10 years for the PD to be current for siblings after the I-130 is filed - longer for certain countries.

If your friend files the I-130 and I-485 concurrently, the adjustment of status will be denied because his PD will not be current. It will be a lost of money and time. In addition, this could complicate any future attempt to visit the US since he clearly has immigration intent based on the filed I-485. This could also be viewed as immigration fraud since he could be considered to have the intent to immigrate when he entered on the B2 visa.

Tell your friend NOT to go through with her plan. There is no chance of success and it can only cause problems.

[Black Velvet 4]

Absolutely not unless his Priority Date is current and he had no intent to immigrate when he entered the US on the B2 visa. It takes about 10 years for the PD to be current for siblings after the I-130 is filed - longer for certain countries.

If your friend files the I-130 and I-485 concurrently, the adjustment of status will be denied because his PD will not be current. It will be a lost of money and time. In addition, this could complicate any future attempt to visit the US since he clearly has immigration intent based on the filed I-485. This could also be viewed as immigration fraud since he could be considered to have the intent to immigrate when he entered on the B2 visa.

Tell your friend NOT to go through with her plan. There is no chance of success and it can only cause problems.

Thanks JoJO!

[Brother Hesekiel 2,235]

Your friend can file an I-130 for her brother immediately. Once approved, a priority date is assigned and locked in. The brother's preference category is F4.

Currently, they are working on petitions dating from May 15, 1988 (Philippines) to March 8, 2000 (best case scenario). In plain English, the waiting time is anywhere between 5 months for the I-130 plus 11 years all the way up to 5 months for the I-130 plus 22 years and 3 months.

http://travel.state.gov/visa/bulletin/bulletin_5489.html

[JimVaPhuong 4,863]

My friend seems to swear that she can file AOS while her brother is here on a B2 visa. I told her that it typically takes around 10 years. Plus, siblings are not considered immediate relatives. Therefore, her sibling has to wait for a visa to become available. What are the rules?

Only if her brother happens to marry a US citizen while he's here...

[Black Velvet 4]

JimVaPhuong,