US Citizen Family petition from Dominican Republic

Asked almost 3 years ago - Orlando, FL

I’m a US Citizen and have a few question.

I would like to petition my haft brother (father side) for a green card, he lives in the Dominican Republic.

Route 1.
My father has visitor Visa. Can I petition my father for a green card?
My brother is 20 and not marry. My father had a green card in 1981 and return it since he did not wanted to live in the U.S.
If I file petition for my father.
1. Can he stay in the Dominican Republic or would he have to be here since he can enter legally with visitor Visa.
2. How long would that take. Him being here and him being in the Dominican Republic?
3. If my father becomes a green card holder, would it allow automatically petition my brother? And how long would that take?

Route 2.
File for petition for my brother.
1. How long would it take?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Your father is considered an "immediate relative". You could get him a green card in less than one year.

    However, it takes about 11 years to immigrate your brother.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Route 1.
    My father has visitor Visa. Can I petition my father for a green card?

    Yes

    My brother is 20 and not marry. My father had a green card in 1981 and return it since he did not wanted to live in the U.S.
    If I file petition for my father.
    1. Can he stay in the Dominican Republic or would he have to be here since he can enter legally with visitor Visa.

    An I-130, by itself, does not require that the person being petitioned be in the US.

    2. How long would that take. Him being here and him being in the Dominican Republic?

    6 -12 months.

    3. If my father becomes a green card holder, would it allow automatically petition my brother? And how long would that take?

    No. You father would need to file a petition. How long it takes depends on how the priority dates move and whether your brother remains single, among other factors.

    Route 2.
    File for petition for my brother.
    1. How long would it take?

    Depends on the movement of the priority dates.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more
  3. C. C. Abbott

    Contributor Level 20

    1

    Lawyer agrees

    Answered . My colleagues provide excellent replies. My only advice to add is to not use a notario who will promise to get your family members into the US quickly but will only steal your money and make false promises.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  4. Richard Andrew Constantino Alton

    Contributor Level 14

    Answered . You laid out great questions, but without knowing whether everyone is eligible to immigrate I would simply be guessing as to the time frames and ability to obtain an immigrant visa. I would suggest contacting a qualified immigration attorney in your area to review these questions with you, and make sure to bring as much documentation about your father's previous documents as well.

    The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The... more

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