Can I sponsor brother?

[Lisa011 6]

I recently became a U.S Citizen thru marriage.

My brother was brought to the U.S on a visa waiver when he was a child and now is 18 years old. Overstayed visa waiver. never left the u.s since coming here.
Would i be able to Sponsor him?

[aaron2020 11,651]

You can file an I-130 for him, but it's not going to help him.

First, overstay is not forgiven for a sibling.

Second, it takes 12 years for his PD to become current. Only when his PD is current and he is in legal status can he benefit from your petition.

There is no way for him to be legal through you at this time. He has to be in legal status. He has to wait 12 years. Otherwise the petition you file for him will be meaningless because of his overstay status.

[Pitaya 2,577]

~duplicate thread removed~

~Please refrain from multiple posting of same topic.~

[Dohan 133]

See if he is eligible for a DACA petition, you being a USC does not help him at the moment.

http://www.uscis.gov/sites/default/files/USCIS/Resources/daca.pdf

Edited January 28, 2015 by Dohan

[Boiler 45,670]

I was also going to mention DACA. Would give him status to adjust from assuming nothing else happens.

In the meantime he can live/work/drive here so not lot of difference with being a PR.

If he marries then other options open up.

[Lisa011 6]

Yes he is elgible for DACA and got his work permit/ drivers license from that program Thank God!!!

What do you mean by his PD to become permanent?

So the only way for him to ever become legal or citizen is thru marriage ?

See if he is eligible for a DACA petition, you being a USC does not help him at the moment.

http://www.uscis.gov/sites/default/files/USCIS/Resources/daca.pdf

Yes he is elgible for DACA and got his work permit/ drivers license from that program Thank God!!!

You can file an I-130 for him, but it's not going to help him.

First, overstay is not forgiven for a sibling.

Second, it takes 12 years for his PD to become current. Only when his PD is current and he is in legal status can he benefit from your petition.

There is no way for him to be legal through you at this time. He has to be in legal status. He has to wait 12 years. Otherwise the petition you file for him will be meaningless because of his overstay status.

What do you mean by his PD to become permanent?

So the only way for him to ever become legal or citizen is thru marriage ?

[aaron2020 11,651]

Yes he is elgible for DACA and got his work permit/ drivers license from that program Thank God!!!

What do you mean by his PD to become permanent?

So the only way for him to ever become legal or citizen is thru marriage ?

I did not say "PD to become permanent." That doesn't make sense. I said the petition gets him no legal rights to b in the US until his PD becomes CURRENT. PD = Priority Date. Since there are more beneficiaries than available visas, siblings have to wait until their PD are current to qualify for an immigration visa and green card. The current wait for siblings is 12 years for most folks and up to 24 years for Filipinos.

Yes. Marriage is his only hope if he is determine to stay here.

Edited January 28, 2015 by aaron2020

[Dohan 133]

Option 1 is Provisional Unlawful Presence Waiver (I-601A). The waiver process allows immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while they are still in the U.S. and before they leave to attend their immigrant visa interview abroad. The applicant must prove extreme hardship to U.S. citizen parent or spouse in order to win a waiver. Many waivers have been denied due to the fact that there is insufficient proof of extreme hardship. Difficult thing to get.

The better option is for him to keep renewing his EAD under DACA, and stay out of trouble, not even speeding tickets. After marriage a DACA recipient can apply for Advance Parole (I-131) to leave the country (with permission from the USCIS) and then re-enter legally. Once the DACA recipient enters the country legally, they can file for an Adjustment of Status through their spouse without having to leave the country again for an immigrant visa interview.

I know he is only 18 so marriage is not an option right now but one day in the future I am sure he will meet the woman of his dreams and then he will be able to adjust. I understand this sounds like a scary prospect to you and your family, but DACA has made him non-priority so he is not in danger of removal.

[Boiler 45,670]

Option 1 is Provisional Unlawful Presence Waiver (I-601A). The waiver process allows immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while they are still in the U.S. and before they leave to attend their immigrant visa interview abroad. The applicant must prove extreme hardship to U.S. citizen parent or spouse in order to win a waiver. Many waivers have been denied due to the fact that there is insufficient proof of extreme hardship. Difficult thing to get.

The better option is for him to keep renewing his EAD under DACA, and stay out of trouble, not even speeding tickets. After marriage a DACA recipient can apply for Advance Parole (I-131) to leave the country (with permission from the USCIS) and then re-enter legally. Once the DACA recipient enters the country legally, they can file for an Adjustment of Status through their spouse without having to leave the country again for an immigrant visa interview.

I know he is only 18 so marriage is not an option right now but one day in the future I am sure he will meet the woman of his dreams and then he will be able to adjust. I understand this sounds like a scary prospect to you and your family, but DACA has made him non-priority so he is not in danger of removal.

Or man

[Dohan 133]

Or man. Sorry, was just typing this quickly. Did not mean to offend anyone.

[Ricdan 9]

I recently became a U.S Citizen thru marriage.

My brother was brought to the U.S on a visa waiver when he was a child and now is 18 years old. Overstayed visa waiver. never left the u.s since coming here.

Would i be able to Sponsor him?

What is the immigration status of the parents?

[Lisa011 6]

What is the immigration status of the parents?

I filled papers to sponsor my mom in Dec. same thing as him and I came here on visa waiver and overstayed. excpet i got citizenship thru my husband who is a u.s citizen

[Ricdan 9]

I filled papers to sponsor my mom in Dec. same thing as him and I came here on visa waiver and overstayed. excpet i got citizenship thru my husband who is a u.s citizen

The fact that your brother has been approved for DACA is a great start. It is a faster process if your mom sponsors your brother once she becomes a permanent resident. Since your brother will age out once he turns 21 his category will change meaning he will have a longer wait. He would be looking at a 7 year wait after your mom sponsors him. It is a much faster process compared to you sponsoring him.

[Hypnos 6,576]

The brother is still hosed though. DACA may help as a band-aid, but nothing beyond that. Right now he cannot adjust status even once his priority date becomes current if he has even just a single day of overstay from the day he turned 18, as his overstay will not be overlooked through a sibling petition, since it's a non-immediate-relative petition.

[Boiler 45,670]

He will be in his 30's before this is an issue and who knows what will happen between then and now. It is a pretty good band aid, well for most people it gives them what they want.