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Question about applying Siblings to Live in the United States as Permanent Residents

New York, NY |

I am confused and have a question. My brother is a permanent resident in USA since 2006. I got B1-B2 visa to USA with 5 years. May i apply to a permanent residence (or greencard) when i arrive US by filling (I-485 application)?? or should he has the US citizenship ? In case of yes, which documents should we provide?

Attorney Answers 8


  1. He could only apply for you when he becomes a citizen, and the waiting list for siblings is very long.


  2. Brother will only be able to file an immigrant petition on your behalf once he becomes a US citizen. A sibling's petition takes between eight and 18 years to be processed, depending on your country of birth, and you will not be able to stay in the US during that time period, unless continuously on valid work work visas.

    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.


  3. I agree. You would have to wait until your sibling is a U.S. citizen. Then, the wait will be substantial.


  4. You cannot immigrate to the United States through your brother at this time based upon the facts that you have provided. There may be another way by which you can immigrate to the United States, but you would have to speak with an immigration lawyer in order to know. Good luck.

    *IMPORTANT: Do not rely on Attorney Murray's response as the information provided on this website is NOT legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. Attorney Murray's response does NOT create an attorney-client relationship. If you have any specific questions concerning a legal issue, you should consult a lawyer. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on a Q&A website such as Avvo. Attorney Murray's response was generated without conducting a full inquiry as would occur during an 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 attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted on Avvo are intended as general information for the education of the public, and not for any specific individual. New Jersey residents: NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. The selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  5. Hello:

    The law doesn’t provide a Visa Category for Lawful Permanent Resident (LPR) to file for siblings. Your brother MUST become a US Citizen before he can file an Immigrant Visa Petition on your behalf.

    In any event, due to the long waiting period for a green card number in this category, you will not be able to concurrently file for your green card in the United States and will need to wait outside the United States for the green card number to become current. (Unless of course, you are in the US in a valid status such as an H-1B, L-1 and the like, which will allow you to wait here for the number). Good luck.


  6. First, your brother has to become a US citizen. Then, he has to file I-130 petition for you. Then, you need wait for the priority date to become current which takes around 10 years....

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.


  7. I-485 cannot be filed until your priority date is current. Your sibling can file petition upon becoming a citizen. Then you wait for your date to become current. If you are in US, you have to maintain an alternative status all these years while you are waiting (may be a work visa - It is not that easy as it sounds.) If you are outside US, you apply for immigrant visa, when your number is available. Note here - they may not let you in B visa, once an immigrant petition is filed.


  8. It is also important to note that you cannot adjust status (apply for your permanent residency in the United States) unless you have maintained a lawful immigration status during the entire time you have been in the United States. If you fall out of status or work without authorization while in the United States, you won't be able to file your application in the United States. I agree with the other responders that your best course of action - in light of the very long wait times for a sibling petition - would be to return to your home country and process through the US consulate once your priority date becomes current.

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