QUESTION
Once my brother's I-130 is approved (I-485 is filed) and he is waiting for his priority date, can he work full-time?
Asked on Apr 25th, 2013 on Immigration - California
More details to this question:
I would like to file for Green Card for my brother and his family. He is in the US on F1 visa status. Can I file for the whole family?
4 ANSWERS
He is NOT eligible to file I-485 UNTIL the priority date is current. It is currently taking about 10-12 years for the priority date to become current for this preference category. Until he is eligible to file I-485, he does not qualify for any work permit. In fact, he cannot just remain in the US if he does not have an independent nonimmigrant status to do so.
Answered on May 03rd, 2013 at 3:36 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Unfortunately since brother of a U.S. citizen is a preference category and not an immediate relative, you may only file the I-130 which gives him a place in line but no right to remain in the U.S. (unless he has a valid nonimmigrant status) and no right to file the I-485 or request for work permit until the Priority Date is current. The category is FB-4 and will take at least 12 years depending on what country he was born in.
Answered on Apr 28th, 2013 at 10:10 PM
You can file the I-130 for your brother along with his family if you are a US citizen. But there is at least a 10-year wait for the priority date to be current. Also, this category may be changed or be eliminated by the new law being discussed.
Answered on Apr 28th, 2013 at 10:04 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
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Once the I130 is approved you will have to wait for over 10 years before your brother can file the I485. Right now siblings of US citizens whose I130 was filed before 05/01/2001 can immigrate or apply for I485. During this waiting period your brother must be in status to apply for I485 when the time comes.
Answered on Apr 28th, 2013 at 10:00 PM