QUESTION
What can I do if I am a US citizen and I want to apply for a sibling based green card for my brother?
Asked on Jul 27th, 2014 on Immigration - California
More details to this question:
My brother and his family reside in Turkey. He has a ten year tourist visa. Would applying for green card invalidate his visa? Can he not visit me in the US during his waiting period?
3 ANSWERS
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
At a minimum, you have to submit an I-130 petition for your brother to start the process. Depending on the particular circumstances of his case, he may be able to apply for adjustment of status or an immigrant visa from the US consulate after the petition has been approved.
Answered on Jul 30th, 2014 at 11:43 PM
He may not be permitted to visit while the petition is pending because he will be seen as having immigrant intent which is not in keeping with the b visa. But it is discretionary so it is not a categorical NO to travel.
Answered on Jul 29th, 2014 at 7:06 PM
Although filing for legal permanent resident status does not technically invalidate his tourist visa, there is an issue with conflicting intent. With a tourist visa, you are only permitted to stay for short periods and must return to their home country. A big part of that is showing ties to the home country. Filing for permanent resident status undermines that. Because of that, he may not be allowed entry.
Answered on Jul 29th, 2014 at 6:56 PM