How long would it take for my brother to petition for me? 10 Answers as of November 30, 2011

I have been in America illegally since I was nine. I am now 24. My brother is an American born citizen. Can he petition for me? How long will it take? My father is also a citizen and have two babies.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It will take about 10-12 years for your brother's petition to enable you to get a green card but only if you are legally present in the US. Since you are not lawfully present and have been so for many years, it does not even make sense for your brother to petition for you. AT this point, the only way you can legalize your status within the US, PROVIDED YOU ENTERED THE US LAWFULLY, would be through a valid marriage to a US citizen.
Answer Applies to: California
Replied: 11/30/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Depending on your country of birth you would have to analyze the two options (Fb-1 if unmarried and FB-3 if married with your father as Petitioner vs. FB-4 with your brother as the Petitioner) or perhaps have both persons petition for you. Nothing will be quick but you can at least get a place in line. A new visa Bulletin comes out each month and you can watch these two categories creep along. http://travel.state.gov/visa/bulletin/bulletin_1360.html
Answer Applies to: California
Replied: 11/10/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
Sibling petitions take decades to become current before you can immigrate. Your brother can petition for you once he turns 21 years old. However, in the category for brothers and sisters of a citizen there is a backlog of many years. You can access the visa bulletin here: http://www.travel.state.gov/visa/bulletin/bulletin_5560.html Additionally, if you entered illegally and no one has filed for you in the past, you will eventually have to leave the U.S. to process your immigrant visa. If you have been in the U.S. for more than one year and you leave, you will trigger a 10 year bar to reentry and that 10 year bar is only waivable if you have a parent or spouse who is a U.S. citizen or lawful permanent resident.
Answer Applies to: Colorado
Replied: 11/9/2011
Immigration Attorneys, LLP | Robert R. Gard
Family-based 4th preference (sibling of U.S. citizen) petitions are backlogged for all countries, but way more backlogged for some countries than others (see attached November 2011 Visa Bulletin), so the country in which your brother was born will have a significant impact on the waiting period for immigrant visa availability (which could be 50 years or more). A petition from your father would likely be quicker, but again the country of origin does matter quite a bit.
Answer Applies to: Illinois
Replied: 11/8/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You cannot adjust status in the U.S. if you entered illegally.
Answer Applies to: Texas
Replied: 11/8/2011
    King & Ballow
    King & Ballow | Bruce E. Buchanan
    The wait for a sibling petition is 10 to 20 years but even then you would need an extreme hardship waiver which is not available on a sibling petition. On the other hand, your USC father can petition for you. If you are not married and not from Mexico or Philippines, the visa wait is about 7 years. If from Mexico, it's about 15 years. If you are married, wait times are between 10 and 20 years. You need to have your father file a I-130 petition now as the wait time does not start until you file.
    Answer Applies to: Tennessee
    Replied: 11/8/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    It will take about ten years until you can apply for your green card based on that relationship. He can file the first step now, which will get you in line for the green card. If your father is a USC, he can also file for you. The wait time is about 7-10 years depending upon your marital status. I recommend you have a full consult with a competent immigration attorney to discuss your case in depth and to see if there is any risk potential for you by filing and also whether you would need to leave the US to get the green card and thereby trigger a ten year reentry bar.
    Answer Applies to: California
    Replied: 11/8/2011
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    More information is needed. Have other petitions been filed for you or your parents by April 30, 2001? Can you prove that youvwere you in the U. S. on December 20, 2000? If not, such a petition may no longer help you. I strongly recommend an appointment with a competent and experienced immigration attorney.
    Answer Applies to: Illinois
    Replied: 11/8/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Either your brother or your father could petition for you to receive immigration benefits. However, as you have no valid immigration status, you cannot adjust your status in the United States. You would have to process your case through the U.S. Embassy in your native country. The problem is that once you leave the United States, you will also trigger a bar against re-admission. This bar will be for ten years unless you can demonstrate extreme hardship to a qualifying relative if you are not allowed to return before ten years runs. The other issue is that due to your age, you will be treated as a preference petition case and will wait several years (depending upon who petitions for you and visa availability for your native country) for an immigrant visa to be available. There may be other alternatives available and as such, I advise you to speak with an immigration attorney in more detail.
    Answer Applies to: New York
    Replied: 11/8/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    The FB-4 is backlogged worldwide about 11 years. Please check with an immigration attorney if you are eligible for permanent residence, as it depends on your manner of entry, what if anything was filed for you or your parents prior to April 30, 2001 and any subsequent immigration violations or criminal arrests, charges or convictions. If you cannot file here in the US, you may not be eligible for the waiver you will need at the US consulate when you apply for the immigrant visa.
    Answer Applies to: Texas
    Replied: 11/8/2011
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