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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94415
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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im a usa citizen and would like to help my brother to get

Resolved Question:

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 .
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

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?

Customer: replied 5 years ago.
  1. Hi he is from Honduras, 25 years old and single ,he entered with a turist visa they gave him 6 months in and then I extendent for another 6 months to a year once his first 6 months were up, but after that expired we were not able to do it again. my mom has been a permanet resident for almost 2 years my sister has been a citizen for 10 years and me only for like 6 months. hope that help :)
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

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

 

Customer: replied 5 years ago.
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,
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

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.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94415
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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