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Posted

Hi i have a question

Can some in visit visa apply for USA permanent resident when he has his brother as US citizen ?

Citizenship Timeline:

 

Service Center : Online  |  CIS Office : Philadelphia  |  Date Filed : 2018-08-23  |  NOA Date : 2018-08-24  |  Bio. Appt. : 2018-09-20  |  Interview Date : 4th April  (scheduled on 25th feb) |  RFE: 25th April. Approved : MAY 15/ In line for Oath 17th MaY |  Oath Ceremony :30th MaY

 

USCIS

13-12-2013 - Sent i-130 received

17-12-2013 - NOA1 hard copy

06-06-2014-I-130 RFE

13-06-2014 - RFE hard copy

25-06-2014 - RFE sent

01-07-2014 - RFE response review email received

22-07-2014 - NOA2 (approved in 221 days)

30-07-2014=i-130 Sent to NVC

NVC

12-08-2014 - NVC received the case

22-08-2014 - NVC case number assigned

23-08-2014 - I-864(AOS) Bill Generated

25-08-2014 - DS-261 completed online

25-08-2014 -AOS Bill paid ($ 88)

26-08-2014--AOS bill appeared as PAID

29-08-2014 - Sent I-864(AOS) Package (via USPS Certified Mail)

02-09-2014 - AOS Package Received and scanned at NVC

26-09-2014 --IV bill invoiced and paid

02-10-2014 --Iv package sent via usps

06-10-2014 --Iv package Received and scanned at nvc

08-10-2014--DS-260 completed online

14-11-2014--- checklist (AOS)

17-11-2014---- checklist sent via USPS

19-11-2014 checklist received at nvc

12-02-2015--- checklist (IV-police certificate)

17-02-2015 checklist received at nvc

11-03-2015 Case Complete

25-03-2015 - Interview scheduled

Consulate
16-04-2015 - Medical
19-05-2015 - Interview (approved) but put me on AP for no reason.

20-09-2015-Visa Issued at CEAC website
21-09-2015 - Visa in hand
01-10-2015 - POE

11-01-2016- Received 10 years green card

Filed: F-2A Visa Country: Philippines
Timeline
Posted (edited)

You cannot visit with the intention of staying permanently, that's visa fraud and abuse of the US tourist visa.

The US citizen brother can file i130 for his brother (F4 category) but it will take 13 years before he will get the immigrant visa. He can still visit the US of course, but not over-stay.

Edited by apple21
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

No, you are not eligible to adjust status while in the US with a tourist visa based on a sibling relationship. As stated above, the USC brother can file a petition for you to receive a family preference immigrant visa, F4 for a sibling. It is a long wait. See the current Visa Bulletin for priority dates by category > http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-june-2014.html

~ Moved from AOS from Family Based Visas to Bringing Family Members of US Citizens to America ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi i have a question

Can some in visit visa apply for USA permanent resident when he has his brother as US citizen ?

No.

USC brother can file an I-130.

Visitor brother can not apply for permanent residency based on the I-130 filed by his USC brother.

In 12-13 years, brother can file for an immigration visa or file to adjust.

The I-130 alone does not allow the brother to stay in the US.

If the brother overstays his visitor visa, he will not be able to adjust.

Posted

thanks guys. got it

Citizenship Timeline:

 

Service Center : Online  |  CIS Office : Philadelphia  |  Date Filed : 2018-08-23  |  NOA Date : 2018-08-24  |  Bio. Appt. : 2018-09-20  |  Interview Date : 4th April  (scheduled on 25th feb) |  RFE: 25th April. Approved : MAY 15/ In line for Oath 17th MaY |  Oath Ceremony :30th MaY

 

USCIS

13-12-2013 - Sent i-130 received

17-12-2013 - NOA1 hard copy

06-06-2014-I-130 RFE

13-06-2014 - RFE hard copy

25-06-2014 - RFE sent

01-07-2014 - RFE response review email received

22-07-2014 - NOA2 (approved in 221 days)

30-07-2014=i-130 Sent to NVC

NVC

12-08-2014 - NVC received the case

22-08-2014 - NVC case number assigned

23-08-2014 - I-864(AOS) Bill Generated

25-08-2014 - DS-261 completed online

25-08-2014 -AOS Bill paid ($ 88)

26-08-2014--AOS bill appeared as PAID

29-08-2014 - Sent I-864(AOS) Package (via USPS Certified Mail)

02-09-2014 - AOS Package Received and scanned at NVC

26-09-2014 --IV bill invoiced and paid

02-10-2014 --Iv package sent via usps

06-10-2014 --Iv package Received and scanned at nvc

08-10-2014--DS-260 completed online

14-11-2014--- checklist (AOS)

17-11-2014---- checklist sent via USPS

19-11-2014 checklist received at nvc

12-02-2015--- checklist (IV-police certificate)

17-02-2015 checklist received at nvc

11-03-2015 Case Complete

25-03-2015 - Interview scheduled

Consulate
16-04-2015 - Medical
19-05-2015 - Interview (approved) but put me on AP for no reason.

20-09-2015-Visa Issued at CEAC website
21-09-2015 - Visa in hand
01-10-2015 - POE

11-01-2016- Received 10 years green card

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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