Legal Question in Immigration Law in Virginia
Good Morning, i am a us citizen and would like to know if there is any way i can petition my unmarried brother, he also has a kid who is a us citizen. He came to the U.S. with a Visa from Peru but overstayed. is there any way i can help him legalize his situation?
Thank you
2 Answers from Attorneys
If your brother is in the U.S. now & has overstayed his visa more than 180 days, then, once he departs the U.S., he cannot return for 10 years. Unfortunately, there is a long wait for petitioning one's sibling, & he will not be able adjust status in the U.S. if he remains here illegally, unless the law changes.
If he returns home, you can file form I-130 for him, & then he can wait it out there.
If the U.S. citizen child is at least 21 years of age, he or she can petition for your brother as an immediate relative. I suggest that your brother consult with a qualified immigration lawyer who can evaluate all of the facts of the case before proceeding.
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