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How can i(citizen) bring my brother who is unmarried to USA,he is 30 year old.His visit visa was rejected couple of times..

San Jose, CA |

how can i(citizen) bring my brother who is unmarried to USA,he is 30 year old.His visit visa was rejected couple of times..

Attorney Answers 4


  1. US Citizen siblings can petition for their brothers or sisters by filing form I-130 and having the individual consular process when a visa becomes available. As for his prior visa applications - - I assume these are non-immigrant visa/tourist visa applications - - it may be that he failed to adequately demonstrate that he has significant ties to his home country (family, career or job, school, real property) to warrant his return. Also, other family members who have received visas but may have overstayed can also impact his applications making it harder, if not impossible to overcome. In this case, filing the family petition becomes critical and because there are long waits in this category, the sooner it is done, the faster he can get in line to obtain an immigrant visa.


  2. US Citizen siblings can petition for their brothers or sisters by filing form I-130 and having the individual consular process when a visa becomes available. As for his prior visa applications - - I assume these are non-immigrant visa/tourist visa applications - - it may be that he failed to adequately demonstrate that he has significant ties to his home country (family, career or job, school, real property) to warrant his return. Also, other family members who have received visas but may have overstayed can also impact his applications making it harder, if not impossible to overcome. In this case, filing the family petition becomes critical and because there are long waits in this category, the sooner it is done, the faster he can get in line to obtain an immigrant visa.


  3. There are numerous other nonimmigrant options besides the visitor visa you may want to explore depending on your brother's work and education history, whether he has funds to invest in a new company, etc.. A consultation would allow you to explore these and see what fits. The I-130 for a green card through his relationship with you is also an option but this is likely to be a 10-12 year wait or longer depending on what copuntry he is from.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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