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.