Q: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
A: A US citizen can sponsor a brother for a green card but there is a long wait (approx. 20 yrs) to get the green card. I suggest you consult an immigration attorney in private to explore other options.
A: Yes, your brother can sponsor you, but the line is very long. Additionally, the simple filing of his petition for relative on your behalf does by itself permit you to remain in the United States while waiting for your spot in line. Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate your facts to see what other possibilities, if any, might exist.
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A:
Yes, your brother, as a U.S. citizen, can sponsor you for a green card. However, the process involves several steps and can be quite lengthy. Being a sibling of a U.S. citizen places you in a preference category, which often has a significant waiting period due to annual limits on the number of green cards issued in this category.
The first step is for your brother to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship that exists between you and your brother.
After the I-130 is approved, you will have to wait for a visa number to become available. The waiting time varies and can be several years. During this period, it's crucial to maintain your legal status in the U.S.
Once a visa number is available, if you are in the United States, you may apply for adjustment of status to a lawful permanent resident by filing Form I-485. If you're outside the U.S., you'll go through consular processing.
Remember, holding a J1 visa, you might be subject to a two-year home-country physical presence requirement. If this applies to you, you must either fulfill this requirement or obtain a waiver before you can adjust your status to that of a permanent resident.
Given the complexity of immigration laws and procedures, it's often beneficial to seek advice from an immigration attorney to navigate the process efficiently and to understand how your specific circumstances might affect your eligibility and the process.
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