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?
4 Answers from Attorneys
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.
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]
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.
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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