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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28073
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Good afternoon, I am a U.S. citizen and my brother, a romanian

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Good afternoon,
I am a U.S. citizen and my brother, a romanian citizen, was approved for a petition I made called I-130 in 2009. We've been waiting for a visa for all this time. However, my brother has recently become a Hungarian citizen and was able to travel to the U.S. I did some research and my understanding is that while my brother is in the U.S., I can file form I-485 for him for adjustment of status. However, before I pay the 900+ dollars for the application, I would like to make sure this is the right form. Also, do I still have to wait for a visa, even though my brother is already in the U.S.? From what I've heard, it might take up to 10 years before he gets a visa. What is the right step to take in his case?

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.



Customer: replied 3 years ago.

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.?


Thank you!

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.


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