Can a us citizen file petition i-130 for b-2 visit visa holder 14 years old brother

[moazshiekh555]

Hi People! I am a US Citizen. I have a 14 years old brother and my parents. They all have B2 visas valid for next five years. I am going to file petition for parents because they fall under Immediate Relative (IR) category. But I am very concerned about my brother. He can't stay here on B2 forever and my parents are not going back home once I apply for their petition. For my brother, Should I also apply I-130 petition and adjustment of status along with i-765 and advance parole? If so, what is the processing time for him to get Green Card? Any help/sugesstion/ideas will be much appreciated. Thanks

[mtouch]

Hi People! I am a US Citizen. I have a 14 years old brother and my parents. They all have B2 visas valid for next five years. I am going to file petition for parents because they fall under Immediate Relative (IR) category. But I am very concerned about my brother. He can't stay here on B2 forever and my parents are not going back home once I apply for their petition. For my brother, Should I also apply I-130 petition and adjustment of status along with i-765 and advance parole? If so, what is the processing time for him to get Green Card? Any help/sugesstion/ideas will be much appreciated. Thanks

You file I-130 for all of them. But your brother cannot stay in US with a B2 visa after his I-94 (Arrival-Departure Record) validity. He can apply for student visa so he can stay in the US for a longer time. He cannot file all those other forms because they are not applicable to him.

[moazshiekh555]

Thanks Mtouch. Just to clear the air; I should apply F-1 for my brother from my home country and for my parents I should file the petition now? After my brother gets his F1 and comes to US (probably within next 6 months) , can i still file petition i-130 for him and i-485? And how long is the waiting period for green card for us citizen siblings these days? I live in New York state so i believe my service center should be Chicago office. Thanks again.

[mtouch]

Thanks Mtouch. Just to clear the air; I should apply F-1 for my brother from my home country and for my parents I should file the petition now? After my brother gets his F1 and comes to US (probably within next 6 months) , can i still file petition i-130 for him and i-485? And how long is the waiting period for green card for us citizen siblings these days? I live in New York state so i believe my service center should be Chicago office. Thanks again.

File F-1 student visa for your brother; I-130 for your parents. When your parents get their green card (approx 6-12 mos) one of them should immediately file I-130 for your brother. This will put your brother in F2A category as child of LPR. It may take 2-3 yrs to be current. If you file for your brother in F4 category it can take 12 or more yrs. The sooner you apply for your parents, the better.