Q: I have a question about sponsoring my unmarried adult brother for a green card.
I recently received my US citizenship though naturalization and would like to apply for a green card for my brother. He currently lives in the US and has a pending asylum case. I was told he is "out of status" and I can't apply for a green card for him, since his visitor visa expired in 2017 (AFTER he applied for asylum). Can you tell me if that is accurate? I know he can wait for his asylum case to be heard, I just thought I could try to help him get a green card sooner since his case is taking so long.
A:
First Congratulations on becoming a US citizen!
This is how it works, you first file Form I-130, Petition for alien relative with USCIS. Once USCIS approves the family petition you must wait for a visa number to be available. The availability of immigrant numbers for siblings (fourth category) may take 15 years or more.
The issue of your brother "being out of status" means he is out of the legal status he was in when he first came, in this case, visitor status. Now your brother is an "overstay" and will not be able to adjust status in the United States. However, he can continue the process through the U.S. Consulate in his country of origin.
Also, it is not you who applies for a green card for him, you petition for him so he, once the petition has been granted, can apply for a green card (adjustment of status) for himself. However, He would have to Consular Process because he is here "out of status."
Immigration Law is very complex, terminology varies from coloquial to legal, and it becomes very confusing. I suggest you speak with an immigration attorney to help you navigate your brother's issue.
Best of luck,
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