Immediate relative petitions (for parents) are not subject to priority dates and so the parent may be able to adjust immediately. However siblings are subject to priority dates. They cannot overstay their visitor visa and adjust status. Immigration procedures are complicated and can be confusing. It is best to consult with an experienced immigration attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
The waiting time for your brother and his family to get green cards through you is about 12 years. through your parents, it will take even longer.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If your brother is married, your parents could not file for him until they became US citizens. The best bet is for you to file for your parents and for your brother as visa priority date progression is always changing. If your brother is in the US and overstays his visa he will not be allowed to adjust his status. Meet with an attorney to discuss how best to bring your family here
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
I agree with all of my colleagues. You will note that they each point out different issues/problems.
You should meet with an attorney to get a good 'personal' plan.
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.