I'm a US citizen and brother visited me here and was wondering if I can petition him while he his here at USA, he is under vwp?
You can certainly file an I-130 for your brother, as a USC, but his petition will be a 4th preference category and will go into a very long quota wait (often 15+ years, depending on the country of his birth). He cannot remain in the US on the pending or even approved I-130, and cannot file to adjust status until his quota is ready. Also, he cannot adjust as a preference category beneficiary when he enters on Visa Waiver -- that is generally a non-extendable, non-changeable category.
* Please note that no attorney-client relationship is created by answering questions in this forum. Please contact our office at 858-451-6269 if you wish to discuss the matter in greater depth *
A US citizen may file an I-130 for a sibling. US immigration has a quota system. The sibling category has very long wait of about 13+ years from the date of filing the I-130. The sponsored sibling may not wait in the US or file for a green card until the the date of filing the I-130 is available for a green card.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline