Brother's Visit

[lobo2000 4]

Hello Everyone, I will try to keep it as short as possible.

 

I am a US Citizen and my eldest brother is a UK Resident (will apply for UK passport) and currently a Pakistani Citizen. He lives in London. Cutting the story short. We just lost our mother to sudden brain hemorrhage couple of days ago and we lost our dad when we were very young. So, my brother applied for a B2 visitors visa to come to the US to me. The intent was NEVER to stay in the US, he just wanted to visit for emotional support for him and I. But now we realize that we really really need each other. He lives alone in London and I live here with my other brother. We all were very attached to our mom (she was a dad and a mom to us) and coming from a Pakistan family one can imagine how emotional we can be.

 

He really would to like to live in the US permanently.  I cannot explain in words but we really need each other especially he needs us.

 

This forum has guided me a lot and I would really appreciate some honest opinions and suggestions from y'all. (besides him marrying a US Citizen)

 

Thank you so much

Edited January 20, 2022 by lobo2000

[aaron2020 11,651]

As a US citizen, you can file an I-130 petition for your brother.  Currently, it takes about 15 years for a USC to bring a sibling to the US.  This is his only path to immigrate to the US based on what you have told us about him.  

[lobo2000 4]

5 minutes ago, aaron2020 said:

As a US citizen, you can file an I-130 petition for your brother.  Currently, it takes about 15 years for a USC to bring a sibling to the US.  This is his only path to immigrate to the US based on what you have told us about him.  

 

But can he stay in the US during that whole time?

[Allaboutwaiting 2,500]

19 minutes ago, lobo2000 said:

 

But can he stay in the US during that whole time?

Of course not. He must wait abroad for the visa to be processed and visit from time to time. 

Edited January 20, 2022 by Allaboutwaiting

[lobo2000 4]

4 minutes ago, Allaboutwaiting said:

Of course not. He must wait abroad for the visa to be processed and visit from time to time. 

 

Can he not apply for the adjustment of status while I apply for him?

[aaron2020 11,651]

22 minutes ago, lobo2000 said:

 

But can he stay in the US during that whole time?

No.

1 minute ago, lobo2000 said:

 

Can he not apply for the adjustment of status while I apply for him?

No.

 

He has to wait like everyone else.  There is no jumping the queue.  

Currently, it takes 15 years for the sibling of a USC to immigrate to the US.  There is NO WAY to make this faster.  

[Boiler 43,630]

Sadly the UK does not have sibling sponsorship so that is not an option

[arken 4,197]

2 hours ago, lobo2000 said:

 

Can he not apply for the adjustment of status while I apply for him?

Those whose siblings filed i130 for them in 2007 can file for AOS this year or can start the visa application process. If you file i130 now, your brother can file for AOS in around 2037 if he is in the US in legal status at the time.

Edited January 20, 2022 by arken

[nastra30 2,005]

At point, I'll advice you make sure your brother does not overstay his B2 visa otherwise, you guys will find yourselves in an even worse situation where he might not be able to visit you for a long time. So petition your bother, and let him wait out the 15 years in the UK. He can continue visiting you on B2 occasionally.

[Boiler 43,630]

Did not Biden propose some sort of waiting it out option before the election? Unclear as to how it would work and anyway nothing has happened 

[Nat&Amy 623]

OP, sorry to hear about your loss. However, don't let grief cloud your judgment - your brother will still need to abide by the terms of his visitors visa, unless he wants it to be voided.

 

You might have read that overstay is not a bar to adjusting status but that only applies to certain situations - filing for a sibling is not one of them. Your brother will not be able to adjust status if he has no legal status, and overstay is not forgiven, meaning he might incur a bar when he leaves the country (depending on how long he overstays). No other visa will give him the ability to stay in the country for 15 years, let alone a B2. 

 

As others have said, the path to follow is to file a petition now, and when he comes visit, make sure he never overstays and never violates the terms of his visa. He should also maintain string ties to his home country if he wants to visit you several times, because each time he does, entry will be determined by CBP and the weaker the reasons he has to return home, the higher the chance at some point they will not let him in. Also, make sure you organize your life in a way that allows for you to visit him as well, instead if only counting on him coming to the US.

 

It is never fun to hear one cannot be immediately reunited with a family member, but that's immigration for you. Sacrifices need to be made and they are hardly ever easy.

 

Good luck.

 

 

[Chancy 6,233]

*** Moved from AOS from Work/Student/Tourist Visas to Bringing Family of USC forum -- AOS is not an option for OP's brother ***

 

[Boiler 43,630]

In this case they do have an option if they are truly desperate to be together

[Chancy 6,233]

18 minutes ago, Boiler said:

In this case they do have an option if they are truly desperate to be together

 

Maybe I should have been more specific -- AOS based on a sibling petition is currently not an option for OP's brother.