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Do I have to have a employment to sponsor a brother? I am a US citizen. when will need to file I-864 .

Alpharetta, GA |

US CITIZEN SINCE LAST 10 YEARS. HAD A PART TIME JOB UNTIL 2011. HAVE A BANK BALANCE AND HOME.

Attorney Answers 3


  1. You are jumping the gun too soon.. Brother. You will on.y have to worry about this in about 14-18 years from now, for that s time it takes to process a siblings petition..

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Yes, you will have to file an I-864 but it will take quite a few years before your brother will have a visa available to him.


  3. A U.S. Citizen may file a Form I-130 Petition for Alien Relative for a brother in the Family-Based Fourth Preference visa category, but must wait until a visa becomes "currently available" in that category in order to apply for the brother to become a Permanent Resident through "adjusting status" in the U.S. or consular processing abroad. The backlog for visas is very long, and although the June, 2014 Visa Bulletin issued by the U.S. Department of State (http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-june-2014.html) may appear to show about a 13 wait for people of most nationalities, in fact a wait significantly longer than that is likely. For this reason, the Family-based Fourth Preference visa category is rarely a desirable strategy and it usually is a good idea to explore other potential immigration strategies for a brother of a U.S. Citizen.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway

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