Can I sponsor my brother with my green card? 3 Answers as of November 10, 2010

I have a green card and want to sponsor a green card for my brother. Can I do this without being a citizen?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is no for you, but yes for the brother of a U.S. citizen, but it will take a while. A green card holder cannot petition for a sibling. But it's different for a U.S. citizen. He can petition with an I-130 Petition for Alien Relative, filed with the U.S. Citizenship & Immigration Service (CIS), along with a required fee of at least $355 (it will go up after November 23rd). The CIS will approve the petition if there are no problems with the petition (rare), but your brother will then be assigned a priority date (the date they mark as when the petition was first accepted). Only then will he be able to file an application for adjustment of status, which is the name for the application for a green card. The waiting period will last anywhere from 7-14 years or even longer for the brother/sister. If you want to discuss your options further in a consultation, by phone or in person, please contact me by e-mail. Best to you.
Answer Applies to: California
Replied: 11/10/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, in order to petition for a brother/sister, you must be a US citizen. Even then, it will take about 12 years before he/she can immigrate to the US on the basis of that petition since the numbers for that family based preference category are very retrogressed.
Answer Applies to: California
Replied: 11/4/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
No. You cannot petition for your brother if you are a green card holder. You can only do it if you are a US citizen.
Answer Applies to: California
Replied: 11/3/2010
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