Legal Question in Immigration Law in California

Can I fill out the I-130 for my brother if he is already in the United States?


Asked on 11/08/12, 10:42 am

4 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Yes, however, if he does not remain in legal non-immigrant status, then he will have to return home to process his immigrant visa once the time comes, assuming he is eligible.

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Answered on 11/08/12, 10:49 am
Joseph La Costa Joseph La Costa, Attorney at Law

Yes you can. But, while it will not allow your brother to stay in USA if his I-94 expires.

Please contact our office if you have more questions at 619-922-5287 or 619-501-1616 or send email to [email protected]

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Answered on 11/08/12, 10:50 am
Rebecca White Law Office of Rebecca White

You may file an I-130, but you need to review the Department of State Visa Bulletin for an idea of the very long wait times for an available priority date. He will need to either leave or find other non immigrant status for between now and then.

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Answered on 11/08/12, 10:56 am
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

An immigrant petition can be filed irrespective of the location of the beneficiary. However, the mere filing of the petition does not allow the beneficiary to continue to reside legally in the U.S. for the entire process. General information is here: www.h1b1.com/sponsor.htm

You can call our immigration law firm at 212-268-3580 during business hours to discuss briefly.

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Answered on 11/08/12, 10:58 am


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