Legal Question in Immigration Law in Arizona

Re: Green card sponsorship through sibling

Your USA citizen brother can petition for you. However, for siblings from most of the countries in the world it takes at least 11 years to wait for theit priority date to become current. Siblings from some other countries, such as Mexico and Philippines, will have to wait even longer than 11 years.

After filing of the petition, you will not be eligible to apply for a work permit and cannot stay in the USA during this long waiting period (11 years +). You might be eligible to apply for a green card only when your priority date is current (not immediately).

Your brother being in the US Army will not expedite the process for you, unfortunately.

If you desire to remain in the USA after graduation, your best shot is to seek employment with an appropriate employer who can then petition you for a work visa.

If you seek a legal advice, you are welcome to contact my law office at Attorney [@] law-visa-usa.com

Re: Green card sponsorship through sibling

Your brother can file an application for you now, but you will have to wait until there are visas (green cards) available before you will be able to apply for a work permit or obtain permanent residence. Depending on what country you are from this can take anywhere from 11 to 23 years.

In the meantime, if you wish to remain in the US, you will need to have another valid nonimmigrant visa. There are still H-1B visas available, so you may be eligible to apply, if your employer is willing to sponsor you. You should speak with an immigration attorney to discuss your options to remain in the US.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Re: Green card sponsorship through sibling

Dear Inquirer:

A sibling petition falls under the 4th preference category, for which there is at least a 10-year wait for a visa to become available. You can only acquire a work permit once the visa is available (priority date is current) and an application for adjustment of status is filed.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to discuss this matter further in a confidential consultation.