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i'm a usa citizen and would like to help my brother to get his residence he come to the us legaly but his visa expired ,what are my options and what would happen to him once we sent the application for his residence .
Optional Information: san antonio , Texas Already Tried: would like to know what would happen to him once we sent the application would he be sent back to his country or can he wait here until is resolve, I'm US citizen but I hear can take up to 10 years for him to get the residence visa base on his relation to me.my sister is also a citizen and she said she would like to sponsor him, and our mother is a permanent resident we all agree to sponsor him together ,whould that help or will be better just me do it?
What country is he from?
What visa did he use to enter the U.S.?
How long will it take for your mother to become a U.S. Citizen? (how many years does she have of residency?)
How old is your brother?
And is your brother married?
A brother to brother petition would take about 11 years or so.
A permanent resident mother to son over age 21 would take about 9 years.
A U.S. Citizen mother to son over age 21 would take about 6 years.
So your fastest way would be for your mother to file for him now since it is still going to take at least 3 years for her to become a U.S. Citizen anyway.
Also, you may want to have either you or your sister file for him independently as well. You don't have to have all three of you file for him, but either you or your sister could serve as a backup just in case something happens with your mother's petition for him.
Unfortunately, there is no way under current law to jump ahead of anyone else that is waiting in line because really what you are doing is waiting in line because so many people have applied in those catefories before you.
Here is a link to the most current visa bulletin so you can see what I mean. You take the date that is listed and count to today's date (if you were to file today) so you can see how long it would take.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
would like to know what would happen to him once we sent the application would he be sent back to his country or can he wait here until is resolve,
He can be deported because those petitions do not give him any immediate Immigration benefit, only an immediate family member such as a U.S. Citizen spouse or a U.S. Citizen son or daughter over age 21 can give him an immediate benefit.
So he might be able to hide out for a few years while he waits, but if he is ever caught, those petitions won't save him.
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.