| Q. |
Green card for brother
I recently became a US citizen. Can I apply for a green card for my brother, who is overseas, and is more than 21 yrs old? How long will it take to get the green card?
thanks.
User's Location:
Seattle, Washington, United States of America
Category:
Family-based Green Card
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| A. |
Congratulations on becoming a U.S. citizen!
Now that you are a U.S. citizen, you are eligible to petition a sibling for permanent resident (green card) status. It is, however, a long process.
Immigration law does include options to sponsor certain family members for permanent resident status. If a foreign national is a spouse, child under 21 or parent of a U.S. citizen, that foreign national qualifies under what is known as an "immediate rellative". There is no backlog or priority date issues with those who fall under the immediate relative category.
For others, immigration has a family-based preference system that allocates immigrant visas under various preferences based on the applicable relationship. The preferences include:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
The sibling relationship unfortunately falls under the family-based 4th prefernce and has the longest wait. The normal overall procesisng time for most nationalities is about 10 years, but it is longer for nationals of either Mexico or the Philipppines. For info on the preference system, priority dates and processing times see:
http://travel.state.gov/visa/frvi/bulletin/bull...
As you can see from the Visa Bulletin, most sibling cases unfortunately have a bout a 10 year backlog.
While it may seem like a long time, your brother may be pleased in 10 years at his opportunity to come to the U.S. as a permanent resident. The sooner you start the process, the sooner he gets in line and the 10 year clock starts ticking.
Regards,
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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