Green Card through Brother or Sister

March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration Law

Substantial transcription for video


Discussion Topics, Thursday, 04 March 2021:

 

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job? 


Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status  || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3  || Documents required for parents GC  || Spouses changing from EB-2 to EB-3 with a new law firm and service center  || Maintaining status  || Impact of H-4 EAD expiring on spouses  || Time estimate for pending asylum review  || Impact of moving to a new office branch with AOS pending  || Parent on I-140: Impact on 19-year-old son and CSPA  ||  Green Card through Brother or Sister

US Citizen applying for green card for brother or sister

Question details

I am a US citizen and would like to sponsor my brother for Permanent Residency. How long would it take for him to get Green card.If I file green card for him, does his family (His wife and kids) automatically get green card or should I file for each of them? I think I should for all. Just a question? He gets a EAD (so he can start working) when I file Green Card?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Question details

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>

1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

Sister Filed Petition

Question details

My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

Green Card Applications through Sister and Brother

Question details

Sister is US citizen and applied for me in 1989. But I have not got any information yet. My brother again applied for me in 2009. Is there any opportunity for me to get visa earlier as applied previously?

Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.

LPR petition for son

Question details

My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.

It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

Sponsoring green card for brother

Question details

I am a legal permanent resident for 14 years; I would like to know what I need to do to ask for my brother to become a permanent resident or green card. He’s here in U.S visiting me with his visa. He is 27 years old and not sure if I am eligible to request it.

You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin

Family based green card.

Question details

I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?

You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.