If your brother becomes a US citizen, he can sponsor you for permanent residence. However, the waiting time is approximately 12 years and you are not allowed to stay in the US or come to the US during that time period just because your brother has applied for you under the F-4 sibling category. If you are not legal in the States now or at any time during the waiting period, you would not be eligible for adjustment of status to permanent residence in the States under current law unless you have the benefit of §245(i) under which individuals who have had labor certification applications or immigrant visa petitions filed by April 30, 2001 are able to pay fine amount of $1000 to U.S.C.I.S. when their priority dates become current in order to adjust status as long as they were physically present in the US on December 21, 2000. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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