Ask an Immigration Lawyer. Get an Answer ASAP.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Your brother is not eligible to file form I-485 to adjust status until his priority date is current.
The USCIS explains about visa availability and priority dates at this link and discusses the requirement to have a current date to apply for adjustment of status (485).
The current priority date is July 1, 2001. Your brother has a long wait.
If you file now, your brother will overstay his allowed 90 days and become removable, as well as triggering a bar if he overstays more than 180 days.
You will loose your filing fee.
Is there another form I can use? Or apply separately for a green card? There must be another way to reunite with a family member, rather than waiting many years. Also, Judith, why would my brother be overstaying? He just got here and if 90 days pass I could apply for an extension. Why does he have to wait for a visa number since he is already in the U.S.?
You cannot apply for an extension in you entered under the Visa Waiver Program.
You can only apply for an extension if you entered with a visa stamp.
Unfortunately, I don't make the laws! I would throw open the doors and allow every single brother, sister, married child, single child and spouse into the US without waiting their turn in line like the law requires.
However, I did give you a link to read which thoroughly explains that there are a limited number of visa numbers available for each category and everyone has to get in line.
Even the brothers and sisters of US citizens who are living in all those countries you see on the news with bombs blowing up and killing people on the street have to wait their turn.
There is no option to jump ahead of the line.
Again, don't shoot the messenger. There is no reason for me to not tell you of an available avenue for your brother.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).