No, does not make any difference, but might have one heck of a time renewing ESTA certification once it expires, with a Sibling's petition having already been filed on your behalf.
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.
No, he/she can be in the US when the I-130 is filed. But, it will get more and more difficult for him/her to visit during the 12+ year processing period.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If your brother or sister is a US citizen is filing an I-130 on your behalf, it does not matter if you are visiting in the US when the I-130 is filed. Make sure your sibling uses your correct address (not the address you're staying at in the US). You should be able to travel back and forth until the priority date gets closer to be current. Make sure you do not overstay your B-2 visa or the period of authorized stay. You will also not be able to make frequent trips into the US because it will give the appearance that you are living in the US. You may not live in the US until and unless you have a visa that would allow you to do so.
The wait time is about 12-13 years now, but I would strongly encourage your sibling to apply.
This is not legal advice. This response does not establish 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