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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a US citizen, MY brother is in India (Indian ...

Resolved Question:

I am a US citizen, MY brother is in India (Indian Citizen),, I would liket to bring him over here for couple of months atleast, i try to bring him as visitor,, they rejected becoz he is only 33 yr old... what is the best way i can bring him to US,, and how long it takes ?? Thank you very much for your suggestion....Regards,Nandy
Submitted: 8 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.

I believe if you wait 6 months he can try applying for a visitor visa again. This is still the best way to bring him because any other way requires either a VERY long wait as a family member (unless he marries a U.S. Citizen), or if through employment, he must have a job offer and the less education and experience he has, the harder it is to get a visa through employment.

You can look at the link below for all the information that you need on the visitor visa:

http://travel.state.gov/visa/temp/types/types_1262.html

Essentially, he must have a valid reason for visiting, must have a way to support themselves without working illegally, must have significant ties to his home country, and must have the intent to return home.

A letter of invitation helps with some of this as it will help to show why he is coming to the U.S., how much time he will need and that perhaps he will have a place to stay so that he doesn't have to spend money. Usually you want to show that he is going just for a few weeks or so. If it is longer than that, immigration will wonder why and will become suspicious. They are almost sure to deny someone that says they want to visit for 5 or 6 months unless they have very strong evidences of everything else I listed above.

So your letter should state why you are inviting him and that you will provide room and board while he is hear visiting.

Now as to some of the ties, he will need to show that he has significant close family at home, property not easily sold, and a good job for a good company that he has had for awhile that he would not normally abandon.

So if he is young, and without much money or any property or a good job, he would probably be denied. They would see him as a risk for staying illegal. Also, persons that are planning to travel with their spouse and children are a risk as well because some of their significant ties are actually going with them.

I mean some people have been approved with less, but I am trying to give you the idea for the best chance.

Customer: replied 8 years ago.
Reply to Guillermo J. Senmartin, Esq.'s Post:

Thanks for repplying,, I understand visiting visa,, i can file after 6 months,, but as you said, again they may deny the visiting visa, because he is very young 33 yr old,, may doubt that he can stay in US as illegal,, but other than visiting visa,, is there any way i can bring him over here,, how long it takes ??? (I mean GC) ,,

Again,, Thank you very much for the repply...

Regards,

 

Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.
If he doesn't have any other closer family members that are U.S. Citizens, then the only other option for a green card is through employment, but the less education and experience he has, the harder it is to be granted that type of residency.
Customer: replied 8 years ago.
Reply to Guillermo J. Senmartin, Esq.'s Post:

I am a US citizen,, Iam asking the question for my own brother,, Can i file a GC,, and how long it takes ?? i will surely accpet soon after i get the repply ...

Thank you for your help..

 

Regards

 

Expert:  Guillermo J. Senmartin, Esq. replied 8 years ago.

Yes, but you are not understanding what I mean. A brother to brother petition for green card takes about 11 or 12 years because there is a long waiting line. If he has a closer family relative like a U.S. Citizen parent, the wait would be shorter, like 8 years or so, or a U.S. Citizen son or daughter over the age of 21, then that one could be immediate without any waiting.

But other than that, the only other option would be through employment and as I said, the less education and experience he has, the harder it will be to get a green card through employment.

So yes, you can file for him, but in that category, the 4th preference category, the waiting line is VERY long because so many other people have already applied ahead of you and there are very few visas available per year in that category.

Here is a link to the most current visa bulletin so you can see what I mean. Your brother would be under the 4th family preference:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html

 

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