Legal Question in Immigration Law in Virginia
i'm a us citizen
My brother and his wife and son (under 21) are here in the US legally using I-94 until february 2010.
I want to petition him and his family
- Can I apply for I-130 and I-485 at the same time?
- How long will it take for him to be able to apply for employment authorization?
Thanks in advance
1 Answer from Attorneys
No, they cannot file I-130 and I-485 together. At this time, he is not eligible for a work permit, SSN or adjustment of status.
You can file the stand alone petition I-130 for your brother, and he will have to depart the USA before expiration of his I-94 because he is not immediately eligible for adjustment of status.
Wait time in this visa category is at least 10 years (a wife and minor children under 21 are included). Depending on his country of birth, wait time could be longer than 10 years.
If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist 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 as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. 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. Our contact email address is Attorney [@] law-visa-USA.com
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