Legal Question in Immigration Law in Florida

I am a u.s citizen and have filed for petition for my brother for citizenship. The last communication I have received from the USCIS or the National Visa center was that the National Visa center received the immigrant visa petition and a visa number is unavailable at the time due to more applicants than visas available. It states it could be years and that the visa should be available once the priority date or prior to the cutoff date. My brother who I have petitioned for is visiting me on a visit visa and I was wondering if we can file an I-485 and if that would help in his case?


Asked on 12/21/16, 6:08 pm

1 Answer from Attorneys
Paul V. Suppicich Maney, Gordon, Zeller, P.A.

It would be best for you to check the U.S. Department of State's Visa Bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html and determine when, more or less, there will be an immigrant visa available for your brother.

When there is a visa available, then you should file your I-485. Keep your address updated with the USCIS and you should receive notice. In the meantime, your brother must wait in line behind hundreds of thousands of others who applied before you did.

While he is here visiting, talk with a competent immigration attorney near you and see if there are any other options for him.

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Answered on 12/22/16, 6:22 am


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