File for brother who is already in the us

[Nay05 5]

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

[payxibka 10,044]

3 minutes ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Under the current rules, he cannot adjust his status from inside the USA.   

 

A sibling priority number is about 15 years to come current 

[Crazy Cat 39,284]

1 hour ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

He made a big mistake by overstaying.  He cannot adjust status through you.

Edited January 25, 2021 by Lucky Cat

[Boiler 43,458]

He has to be in status to adjust status.

 

And that would be nearer 20 years.

[Pinkrlion 2,607]

A Sibling is not an immediate relative and cannot adjust in the US.  You can file for him with I-130, but it will take several years to become current.  He is acquiring a lifetime ban the longer he stays in the US.  

[Boiler 43,458]

A sibling in status can adjust in the US.

 

No lifetime ban for overstay, max would be 10 years.

[SusieQQQ 11,584]

1 hour ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Whoa

First - for non IR categories you have to be in status to adjust status so he can never adjust status through you if he is already in overstay (even if he wasn’t in overstay, i485 could only be filed when priority date current, not just after approval - approval can anyway be 10 years or longer for sibling cases)

- so obviously no chance of EAD or anything he can do legally here

- only way he is going to be able to get his green card is if he gets an immigrant visa at a consulate abroad once his priority date is current. If he is under a ban for having overstayed he cannot get a visa though. So basically the longer he overstays the more he is messing up his own potential case. 
 

[JFH 12,189]

If you’ve got enough money to file an I-130 for him, you’ve got enough for a plane ticket home for him. Do the right thing and have him leave before the situation gets any worse. 

[aaron2020 11,651]

9 hours ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

You can file an I-130 for brother.  It grants him no immigration benefit immediately.  He would need to wait 14-15 years for his Priority Date to become current before he can apply for an immigration visa.  Getting approved for an immigration visa requires him not to inadmissible.  Overstaying his visitor visa would make him inadmissible.

Bottom line is that he can not violate US immigration law and benefit from it at the same time.  As long as he overstays, the I-130 petition you file for him will be worthless.

 

Zero chances of an EAD.

 

Zero chances of adjusting status by filing an I-485.

Buy your brother a plane ticket home if he wants to get a green card through you.

[little immigrant 800]

11 hours ago, Nay05 said:

I am a citizen my brother overstay on his visitors visa and currently lives here. Can I file for him. How long would I130 take to get approve and could he get EAD while we wait, if so around when would i be able to file for that, same time as I130 or after approval? And i would file I-485 after I130 has been approved right? 

Is your brother married or unmarried? 

[Nay05 5]

On 1/25/2021 at 9:54 PM, little immigrant said:

Is your brother married or unmarried? 

Unmarried 

[Nay05 5]

On 1/25/2021 at 7:17 PM, aaron2020 said:

You can file an I-130 for brother.  It grants him no immigration benefit immediately.  He would need to wait 14-15 years for his Priority Date to become current before he can apply for an immigration visa.  Getting approved for an immigration visa requires him not to inadmissible.  Overstaying his visitor visa would make him inadmissible.

Bottom line is that he can not violate US immigration law and benefit from it at the same time.  As long as he overstays, the I-130 petition you file for him will be worthless.

 

Zero chances of an EAD.

 

Zero chances of adjusting status by filing an I-485.

Buy your brother a plane ticket home if he wants to get a green card through you.

Thanks for the info. Would it be the same if his mother filed for him...she only has a greencard though? 

[Crazy Cat 39,284]

12 minutes ago, Nay05 said:

Thanks for the info. Would it be the same if his mother filed for him...she only has a greencard though? 

So, he is still in the US two years after you started this thread????????  You need to read this whole thread again.

Edited January 8, 2023 by Crazy Cat

[Nay05 5]

17 minutes ago, Crazy Cat said:

So, he is still in the US two years after you started this thread????????  You need to read this whole thread again.

He's still here but he's not my brother. I was asking for someone else. Don't be so shock that he's still here either poeple are living in the US undocumented I really don't understand how they do that but we all know it. I'm just trying to get some info for him. My filing days are over. He has a brother that's a citizen and a mother with a green card and they are hoping that she can file for him. I'm just trying to get the info to prove them wrong really as I suspect.