Hi,My brother came here legally although he overstayed... Should he stay in the US while I am petitioning for, or leave the US? What would be the most beneficial for his status?Thank you,
Unfortunately, I am not allowed to tell your brother what he should do. Although I am an attorney, I am not HIS attorney and cannot direct, advise, guide, etc., him what to do. If you read the disclaimer of this service, you will see that this is prohibited by the site. However in general, a person who is not an immediate relative cannot adjust his status to a green card, even if there is an approved I-130, if he is not in a lawful status in the US. A brother or sister is not considered an immediate relative, and they cannot stay in the US and adjust their status unless they have a valid status. If a person is in overstay, they do not have a valid status. Also, if a person overstays their visa for at least 6 months, they are subject to a ban from entering the US for at least 3 years. I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification. Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you. Also consider leaving a BONUS and some positive feedback - both are much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
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