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Hi, I want to give you a little advice because I am seeing a pattern that happens a lot on this board with people who have situations with difficult circumstances. While it is good to have hope please do not use that hope to ignore advice and give yourself unrealistic expectations.. There have been numerous posts made in this thread by very experienced members of VJ (some have been on here for years) and they are all telling you the same thing....your brother can not stay in the US while you file the I-130 for him. He is just not eligible to adjust status through you. If it was a spouse of a parent, it would be a different story. What we often see is people wanting something so bad they gloss over the numerous advice of experienced members only to latch on to a tiny Hail-Mary suggestion (which often is not feasible) that they think will change the result. An I-601A would be a futile attempt. But to give you an idea of how the process goes, let me give you an overview of the challenges. First, siblings are not immediate relatives in the eyes of US immigration. This has been stated several times already. So that means a visa will not be available for your brother for a number of years. It will take 15 to 20 years before a visa becomes available for him. Next, your brother would still have to leave the US to interview for the visa. Visas are given outside the US, not inside. And once he leaves, his 10 year ban would immediately begin. Now, if you think he can do the other option and adjust status so he can stay here, unfortunately no. He can not adjust status through you. Spouses, minor children, and parents can adjust through you, but not your siblings (for now). I think the best path forward is for you and your family to accept that your brother can not stay here the way you would like. Him overstaying was a big mistake and he must accept the consequences. If he does not want to be separated from family he could have just kept is visitor visa and kept visiting the US until he qualified under the F4 category to move here. You can consult an immigration attorney if you deem necessary. But you have gotten all the proper advice you can get in this situation. I think those options would have been mentioned already if they were feasible. Now it is getting to the point where the phrase "throwing things against the wall to see what sticks" comes in handy. The OP was given proper advice and that means there is no path for their brother through them. Sometimes this is what it is.

I will save you $10K and make you a profit by giving my 2 cents of advice. Use the guides and resources here on VJ and DIY. Majority of the people here (including myself) have successfully completed the K1 themselves with no help for a lawyer or firm. You have already made the first step by discovering this site. All you have to do is read, read, read. Here is a help in the right direction... https://www.visajourney.com/guides/

The problem with administrative processing is that it is undetermined amount of time it can last and there is very little transparency with it. On VJ, we call it the blackhole. The amount of time it can take can be 2 weeks or 2 years. Curious as to why go for a B2 when you had an ESTA. Many will say that was a risky move. Yes, I have seen the reason for the extra time but is it really a need when you are already given a good amount of time? Also, add in the fact you had a previous IV. The consensus is that most times a person with an ESTA and previous immigrant intent is often denied a B2. The reason it is so risky is that once you are denied a B2 then you will subsequently lose your ESTA. Anyway, I hope you get it. In the mean time just provide them what they request and wait it out with periodic check-ins (calls). Best of luck.

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Yes, there will be problems. Being out of the US for one year is a risk. But 7 years? Your green card will be deemed to be abandoned. You will likely face an immigration judge. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence Abandoning Permanent Resident Status You may also lose your permanent resident status by intentionally abandoning it, including but not limited to: Moving to another country and intending to live there permanently; Declaring yourself a “nonimmigrant” on your U.S. tax returns; or Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by: The reason for your trip; How long you planned to be absent from the United States; Any other circumstances of your absence; and Any events that may have prolonged your absence. Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence.

A spouse is family. So refer to the family category.

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Interesting series of events. Glad it worked out for your MIL. But there is one problem I can see with your plan. The IO is in no way obligated to look at any supporting evidence. The OP stated that the IO at her father's interview had no interest to look at his evidence. So the OP can go through the effots of getting such documentation, but it still may be futile. Seems you MIL was fortunate enough to get an IO that was willing to review evidence. Not everyone will have that luxury.

This may be the better solution as opposed to spending a lot of time, money, and resources on a foreign worker.

Not a simple task for do it yourself. It is done by lawyers or law firms because it is highly complex and very expensive. Also, I believe the company would have to qualify for a labor certificate, so best to research that also.

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I do not think a waiver can be given for a highly contagious airborne disease like TB. You say you have a treatment report but does your father have a negative TB test as a result of the treatment? Because he could have had the treatment but the treatment may not have cleared everything up. I'm assuming the medical appointment on 7-24 should show the results. Also, sit back and think about your waiver argument for a second. There is a reason the US government does these medical tests. It is to prevent the risk of affecting the lives of other people. Asking for a waiver would be asking the government to excuse your father from this test. And if your father does still have TB, when he travels to the US by spending hours on a sealed plane, he would be exposing hundreds of people. I have never seen a waiver for a positive TB test, but who knows, maybe somewhere, some how there is one? It would absolutely flabbergast me if a positive TB test was eligible for a waiver. Especially during this Covid era. I do remember a thread years ago of the same situation as the OP. A son was here asking for ways to bring his father from the Philippines but his father tested positive for TB. The posted explained that their family was extremely poor and his father lived in a province too far away for him to undergo the treatment. He sought to see if there was a work around for the TB but everyone explained to him how dangerous for his father to immigrate with such a highly infectious disease.

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