Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?

A: You can file an I130 for your brother who entered the USA on a B1/B2 visa but he won't be able to adjust his status.

A: Yes you can submit an I-130 for your brother.

But your brother will not be able to adjust status in the U.S., unless you are a U.S. citizen 21 years or older and there is a visa available for the F4 priority category. This may take 15 to 25 years depending on your brother's country of citizenship.

Your brother should consult with an immigration attorney to discuss what other options he may have.

A: Yes but unless he is in status by the time his priority date becomes current, (which will be in about 14 years) , he cannot adjust status.

A: Yes, as a U.S. citizen, you can submit Form I-130, Petition for Alien Relative, for your brother, even if he entered the USA on a B1/B2 visa. This form is the first step in helping a relative immigrate to the United States.

However, it's important to understand that the process for siblings is typically lengthier due to the lower priority given to this category in the visa allocation system. Your brother's ability to stay in the U.S. while the petition is being processed depends on various factors, including his visa status and the current processing times.

It's also essential to ensure that your brother maintains his legal status while in the U.S. Overstaying or violating the terms of the B1/B2 visa could complicate his immigration process.

Given the complexities of immigration law and the potential for lengthy processing times, it's often helpful to consult with a legal professional experienced in immigration matters. They can provide guidance tailored to your specific situation and help navigate the process more effectively.