Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
A: Priority dates for sibling petitions take well over 15-20 years to become "current" so your brother cannot stay in the US and wait unless he is able to change to a nonimmigrant status that allows a longer duration of stay. I suggest you consult in private with an immigration attorney
A: The filing of a petition for relative does nothing to extend the validity of one's authorized period of stay in visitor status. If your brother wishes to extend his stay in visitor status, he needs to file with USCIS a Form I-539, Application to Extend/Change Nonimmigrant Status. Moreover, he can only request up to 6 months of extended visitor status. Note that the backlog for availability of green cards for siblings of U.S. Citizens is approximately 15 - 20 years. Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with your brother possible alternative solutions to remaining in United States (for the near future). Manty attorneys offer online video consultations.
A: Filing an I-130 petition for your brother indicates an intent to sponsor him for permanent residency. However, the I-130 petition alone does not grant him legal status to remain in the U.S. beyond the expiration of his B1/B2 visa. He must abide by the terms of his visa to avoid unlawful presence. Once the I-130 is approved, there can be a significant waiting period for a visa number to become available, especially for siblings. During this waiting period, he can't rely on the I-130 to maintain lawful status. It's essential for him to consult with an immigration attorney to discuss potential options and the implications of overstaying. Taking steps to remain in legal status will be crucial throughout this process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.