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Need to apply for brother's Immigration. What will be the better route?

Chicago, IL |

Hi, I am a Naturalized American Citizen and my father is a recent Immigrant to the United States. I have a younger brother who is 28 years old with the family. If I want to apply for him, what would be the better route? Should my father apply for him or should I apply for him.
Please let me know.
P.S. My Brother and his family holds the Pakistani citizenship and reside in Saudi Arabia.
Thanks,

Attorney Answers 5

Posted

If he is married, you can file, your father cannot. If he is single, your father can apply, but he cannot get married until your father becomes a US citizen. If he has a bachelor's, try bringing him on an H1b.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Really appreciate your help. Thanks much!

Posted

Both your petition and your father's petition would be subject to preference categories and the wait times are not palatable. When my office is confronted with this issue, we routinely file both.

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Really appreciate your help. Thanks much!

Posted

I agree with attorney Berman. Whether your father can file depends on if he is married. Green card holders cannot file for married sons or daughters. You should file all available petitions for him as one can never know which will move faster. Also the suggestion that he come on h1 is great for the interim period while he is waiting for those petitions. Good luck!

Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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Really appreciate your help. Thanks much!

Posted

I agree with my colleagues - file both petitions. If this answer was helpful, kindly consider showing your appreciation by marking it BEST ANSWER or HELPFUL. Call me with any additional questions. My contact information is in my profile here on Avvo.

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Really appreciate your help. Thanks much!

Posted

I am assuming here that your father got permanent residency because you or one of your brothers or sisters applied for him or he got it through the divesity visa. If he got it in some other way, let me know, because then there may be a faster route for your brother .

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Posted

My uncle (Fathers brother) applied for him roughly around 25yrs ago. for my father, mother and youngest brother (Mother and brother are still in Pakistan waiting for their passports which have been submitted for over 2 yrs now and no response. Only father got the green card. But the brother in this case is another one. never applied for). No one else applied for my father or family.

Michael E. Piston

Michael E. Piston

Posted

Your brother should be able to apply for adjustment of status immediately and get his green card within a year. The details are too complicated to discuss in writing. Please call me at 248-680-0600 if you wish to discuss this matter further. I do not charge for telephone consultations.

Asker

Posted

That is so nice of you. I will of course call you tomorrow. Once again I really appreciate your help. :)

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