Legal Question in Immigration Law in California

Your brother needs to actually be in lawful status in the U.S. in order to adjust status to permanent residence. Either that or an immigrant petition or labor certification would have had to have been filed before April 30, 2001. It's unclear whether he is in lawful status or had a petition filed early enough. Having a work permit doesn't always mean the person is in lawful status. More information is necessary to determine whether he is eligible to adjust status or not.

Feel free to be in touch with me directly at [email protected] or phone 818 609 1953 for further information. Until agreed in writing, we have not created an attorney client relationship and the above is not case specific advice upon which you can rely. It is general information.

I look forward to the opportunity of learning more and possibly working with you.

Sincerely,

Alice Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA

If your brother is in USA on a Tourist (or on expired visa) and your file the I-130 petition for him after April 2001, then he will not be eligible for a Green Card when his priority date is current (it takes minimum of 10 years, and could be longer for certain countries).

You mention that he has a work permit. However, if he is on a visitor's visa, he couldn't have gotten a work permit. You need to explain what is his current non-immigrant status (visa) in USA. How he got a work permit?

The most important thing to keep in mind is that if he overstays his visitor's visa (date on his card I-94), he may not be able to get a Green card based on your petition.

You should definitely consult an attorney before you decide what to do next.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.