Q: My mother is an LPR who filed a I-130 for my brother on February 6, 2020. He's 28 years old never married.
My brother lives in the USA with an asylum case pending. He has a work permit and still waiting for an asylum interview. His case for I-130 was accepted and it shows on USCIS as: February 7, 2020 In Process Your benefit request has been accepted and is under review.
How long does the USCIS take to give an answer for his I-130 petition? Is it a problem that he lives in USA while waiting?
My brother is from El Salvador, he's asylum was accepted in January 2016.
His I-130 receipt notice came from Laguna Niguel, CA
Thanks
A: An I-130 can process while an asylum case is pending, but you have not given us enough facts to determine your brother's fate. A lot of your scenario depends on what country he is from, as well as many other factors. If you are worried, please spend the money on a consultation with an immigration attorney. It is very well worth it. You really should make sure his application was filed by a LAWYER, and not a tax preparer or notario. This is very important.
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