Immigration Site

Background:
- I am on my GC and will hopefully get my US Citizenship by end of 2009
- My parents and teenage brother will be coming to the US from the Philippines (on tourist visas) in January 2010.
- I will then file the petition for my parents GC (via Adjustment of Status). Hopefully, they will get their GCs within 6 months.
- When my parents get their GCs, they will file the petition for my brothers GC

Questions:
- Can my brother travel in and out of the US (using his tourist visa) while he has a GC petition pending? Im thinking that the answer is NO but wanted to be sure.
- Can my parents file for Advance Parole for my brother? How long does it take to get the AP? If an AP is granted, will my brother be able to travel in and out of the US without any problems (processing time for his category is about 6 years)
- If travelling in and out of the US is not an option, can he just stay here (be "out of status") without jeopardizing his GC petition? Can he go to school? (will high schools and colleges accept him based on his pending GC petition even though he is "out of status")?

Thank you!

1) Most probably NO
2) NO
3) Depends on his age. If hell become 21 BEFORE the parents become USC (which will be ~5+ years after they get GC) hell NOT be able to adjust status and will be banned from US for 10 years. If hell be under 21 years old he may still adjust as immediate relatives (they are forgiven for being here illegally as long as he enters with the visa).

Since you have openly declared their intent to immigrate, why are you not considering going the CP route?

- I am on my GC and will hopefully get my US Citizenship by end of 2009
- My parents and teenage brother will be coming to the US from the Philippines (on tourist visas) in January 2010.
- I will then file the petition for my parents GC (via Adjustment of Status). Hopefully, they will get their GCs within 6 months.

- My parents and teenage brother will be coming to the US from the Philippines (on tourist visas) in January 2010.
- I will then file the petition for my parents GC (via Adjustment of Status). Hopefully, they will get their GCs within 6 months. That is preconceived immigrant intent. If the consulate or port of entry knows their intention to use a tourist visa to immigrate, their visa will be denied or they will be refused entry.
- When my parents get their GCs, they will file the petition for my brothers GC He will still be out of status for 5 years while they wait to become citizens.
- Can my brother travel in and out of the US (using his tourist visa) while he has a GC petition pending? Im thinking that the answer is NO but wanted to be sure.
- Can my parents file for Advance Parole for my brother? No. While your parents can file an I-130 for him as soon as they get their GC, their lack of US citizenship means he will not be eligible for I-485 or Advance Parole or employment authorization.

In addition, if he turns 21 before his parents become citizens, his years of being out of status will make him ineligible for a green card unless he leaves the US for 10 years.