I would like to apply a Green Card for my brother, but according to the current wait time it will take about 7 - 12 years or longer. Is there a way to by pass the wait time with an exception? My brother has a Masters degree in Computer applications and he is currently working as a Lead Software Consultant in India since last 4 years.
There is no way to bypass the 10 to 12-year wait time for a current immigrant visa priority date for a sibling. There is no exception in the F4 immigrant visa classification, based on the level of education or amount or type of professional experience of the beneficiary of that petition, that would qualify your brother to have your I-130 Immigrant Petition on his behalf processed in less time, and to receive a current immigrant visa priority date in less time, than other beneficiaries of I-130 Petitions filed in the F4 (sibling of U.S. citizen) immigrant visa classification.
However, if your brother is sponsored by a U.S. employer, he may one day, in considerably less time than 10 to 12 years, be able to come to the U.S. with an employment-based nonimmigrant visa, such as an H-1B visa, in order to work for that employer, and that employer may, at some point, choose to sponsor him for U.S. Permanent Residency.
Please schedule a consultation with an immigration lawyer for additional information regarding what your brother's potential immigration options might be.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
No, there is no way to pass the wait time with an exception, but your brother may be able to apply for an employment-based nonimmigrant visa so he can enter the US in less than 7-12 years. Another option is to petition for your mom or dad, who can then petition for your brother, because the wait times for those family-based categories (F1, F2B, or F3) are generally shorter than F4 (the sibling-based category). Good luck!
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
I concur with the recommendations of my distinguished colleagues. There is no way to bypass the 7 to 12 year waiting period. However, there may be other alternatives. His case will need to be discussed in person with an experienced immigration attorney. Good luck.
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