The May, 2009 edition of the U.S. State Department's Visa Bulletin shows that visas generally are currently available in the Family-Based Fourth Preference (the category for brothers and sisters of adult U.S. citizens) for petitions filed on or before June 8, 1998 (that category is backlogged even longer for people from China, India, Mexico and the Philippines).
While at first blush that might look like a 10-year waiting period, each year less than a full year of backlog is handled, and so most immigration attorneys estimate that it may take about 20 years for a visa to become available for a newly filed case in this category.
The filing of a petition in this category does NOT entitle the brother or sister to remain in the U.S. while it is pending and does not authorize employment while it is pending. A comprehensive legal analysis of your situation is needed to see whether other immigration strategies may be available.
[Note: consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not creat an attorney-client relationship.]
David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345