Can I get residency from my brother who is a citizen and how long will it take exactly?
Asked on Dec 29th, 2010 on Immigration - California
More details to this question:
I am 28. I came into the country legally when I was 6 and had a student visa. I lost the student visa when I did poorly in high school now I am illegal. Can my brother who is a citizen petition for me to become a resident and how long will it take exactly? Thank you.
Your brother can petition for you but this does not make you legal nor allow you to remain in the U.S. The curernt wait time in this classification is upwards of ten years so it will not give you an immediate benefit. When the date does become current you will not be able to take advantage of it and file in the U.S. since you are out of status unless you are eligible for Section 245(i). Students do not accrue unlawful presence until USCIS determines you are out of status so you would be able to consular process at that time under current rules.
You should probably consult with an attorney on your specific situation for more details on what you can and cannot do and whether this would be a good idea for you. We do charge for consultations $350 per hour - but the amount paid would then be a credit toward the fees for your case if we are retained after the consultation for additional work.
You brother can petition you if he is U.S. Citizen. How long it takes depends on what country you are from. Generally it takes about 10 years, but if you are from Mexico or the Philippines it will take more than 15 years, to be able to apply for your Green Card based on a petition by a US Citizen brother/sister. However, the petition does not permit you to remain in the U.S. and does not give you any type of legal status.
Length of time varies depending on your country of birth. It takes pretty much between 9 years to 23 years depending on your country. The process is done in two steps. First the family petition, then waiting for the visa to be availble. Finally, the final step is either consular processing (Returning to your contry) or Adjustment in the US. I would need more information about you to determined what last step would be the best for you.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.