Can I get a green card through my brother if he is only a permanent resident? 16 Answers as of June 09, 2013

My brother got a green card through his wife. Can he apply for me if he is only still a permanent resident?

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The Ghosh Law Group
The Ghosh Law Group | Amy Maitrayee Ghosh
No. Your brother needs to be citizen.
Answer Applies to: California
Replied: 8/18/2011
Law Offices of Sally Amirghahari
Law Offices of Sally Amirghahari | Sally Amirghahari
No. Your brother has to become a U.S. Citizen before he can apply for you.
Answer Applies to: California
Replied: 8/15/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
No he cannot. Only US citizens may petition for their brothers and sisters.
Answer Applies to: California
Replied: 8/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Only US citizens can sponsor siblings.
Answer Applies to: California
Replied: 8/15/2011
Law Offices Colyn B. Desatnik
Law Offices Colyn B. Desatnik | Colyn B. Desatnik
No.
Answer Applies to: California
Replied: 6/9/2013
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    No he must be a citizen to apply for you and then it will be a 10-12 year wait under current processing times (longer from certain countries). There may be other options for you which you can explore with immigration counsel.
    Answer Applies to: California
    Replied: 8/15/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Not until he becomes a USC. Also then you will have to wait for your priority date to become current. See visa bulletin on Department of State website for the current priority dates.
    Answer Applies to: Nevada
    Replied: 8/15/2011
    All American Immigration
    All American Immigration | Tom Youngjohn
    No. But when he's a US citizen he could apply. Most countries it's a 12 wait. Currently you can't adjust if you've been waiting, illegally, here in the US. It's always smart to get a second opinion.
    Answer Applies to: Washington
    Replied: 8/15/2011
    Law Office of Jaclyn Miller
    Law Office of Jaclyn Miller | Jaclyn Miller
    NO!! Your brother must be a US citizen in order to apply for you.
    Answer Applies to: New York
    Replied: 8/15/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    No. A lawful permanent resident can only petition for their spouse and unmarried children
    Answer Applies to: Florida
    Replied: 8/15/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    No he cannot.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    No, he must be a U.S. citizen.
    Answer Applies to: California
    Replied: 8/15/2011
    Law Office of Nora Rilo
    Law Office of Nora Rilo | Nora Rilo
    Unfortunately, no. He must be a US citizen and the wait list is 10 to 15 years.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    No. Only when he is a USC and then its usually over 10 years.
    Answer Applies to: Texas
    Replied: 8/15/2011
    Montefalcon Law Offices
    Montefalcon Law Offices | Alberto G. Montefalcon, Jr.
    Family-based F4 preference only provides for a petition for a brother or sister of a US Citizen. A Green Card holder like your brother may have to wait and become a US citizen to become eligible to petition for you. Since you said that he got his green card through a spousal petition, he may qualify for US citizenship sooner than most, that is, in 3 years instead of 5. In California, it typically takes 5.8 months to process his Citizenship. He may opt to file a couple of months before the end of his 3rd year of residency to save time. Once he petitions for you, depending on where you are coming from, the wait for this type of visa (F4) to be available will be about 11 years, unless you are coming from Mexico, in which the wait is 15 years or the Philippines is 23 years.
    Answer Applies to: California
    Replied: 8/14/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    No, he has to be a US citizen.
    Answer Applies to: California
    Replied: 8/14/2011
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