Green Card Application for Brother
Hello All,
Though my basic questions are trivial, but I want to clarify a doubt.
I am a USC and am applying for my brothers GC. He lives and works in a US-based company in Netherlands for several years.
The questions are:
1) Once his I-130 is approved, he will be placed in line from his home country category or Netherlands category for brothers?
2) He has US visitors visa, which he got from Netherlands, though he is not a citizen of Netherlands. If he comes here and I also file his I-485 with I-130, will that help reduce any time from his waiting period?
Thanks for any help.
1) His country of birth will determine his place in the line.
2) No, his priority date must be current before he can file I-485. He also might denied entry into US after you file I-130 since it would clearly show an intent to immigrate.
You cannot file I-130 and I-485 together for a sibling. He must wait several years (currently the backlog is 11 years for siblings, more if he was born in Mexico or Philippines) after the I-130 filing before he becomes eligible to file I-485.
2) No, his priority date must be current before he can file I-485. He also might denied entry into US after you file I-130 since it would clearly show an intent to immigrate.
Not wanting to sound rude, but this does not make any sense. So what you are saying is that if an I-130 is applied for someone, that person will loose any right or privilege to come to the US for any purpose? What if that person finds a job in the US or gets admission in a university or has to come here for some business or gets married to a US citizen?
I am also confused about your statement: "it would clearly show an intent to immigrate". When the US government issues a student visa to a person, he/she can come here, finish the studies, work for a year on OPT, then get H1b, then green card and within 10-15 years of the issuance of the student visa, become a US citizen. Many many US citizens became citizens like this or from H1b. How the Americans, despite becoming the only super power in the world, could not figure out such an obvious and clear intent?