My older brother has obtained American citizenship and transferred it to his sons is it legal to transfer it to me? 13 Answers as of December 02, 2012

Having American brother can facilitate that I get green card.

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Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
Your brother may file an I-130 on your behalf, but it will be many years before a visa is available for you.
Answer Applies to: Washington
Replied: 12/2/2012
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Your brother can file for you but you go on a wait list that is about a decade long. I would still suggest under most circumstances to file the petition. Contact an attorney if you have further questions.
Answer Applies to: New York
Replied: 12/2/2012
Baram Tapper & Gans | Jason Y Gans
No he can only file a visa petition for you.
Answer Applies to: Connecticut
Replied: 11/30/2012
Immigration Attorneys, LLP | Robert R. Gard
He can't transfer his citizenship, but he can file an immigrant petition on your behalf, though this family-based 4th preference category is subject to numerical limitations and is significantly oversubscribed (backlogged for several years, depending on your country of birth).
Answer Applies to: Illinois
Replied: 11/30/2012
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
Yes a US citizen can petition for a brother or sister. However, the waiting period before you can actually get the green card is about 12 years after he files the I-130.
Answer Applies to: Florida
Replied: 11/30/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    No, your brother cannot transfer his citizenship to you. He might file an immigrant petition for you, and, if you are eligible, you can get a green card. (There are many factors to determine whether you are eligible to receive a green card; the most important disqualifications are criminal convictions and immigration law violations). This process takes about 11 years (16 years if you are from Mexico, 23.5 years if you are from Philippines).
    Answer Applies to: New York
    Replied: 11/29/2012
    SwagatUSA, LLC
    SwagatUSA, LLC | Dhenu Savla
    No it cannot be transferred to a sibling.
    Answer Applies to: Illinois
    Replied: 11/29/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your brother could theoretically petition for you to receive lawful permanent residence, but his status does not transfer to you like it does his son. It will take many years for an immigrant visa to become available. However, I would need to know more information to determine if you would be eligible to seek an immigrant visa and/or adjustment of status. You should consult with an experienced immigration attorney before proceeding.
    Answer Applies to: New York
    Replied: 11/29/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    NO, he cannot transfer his citizenship status to you. He can petition for you as a sibling of a US citizen but the process takes about 10-12 years so it is not a practical solution to your immigration.
    Answer Applies to: California
    Replied: 11/29/2012
    All American Immigration
    All American Immigration | Tom Youngjohn
    Your brother should file an I-130 for you. If you are in the US when the visa becomes available, sometimes about 12 years, then, if you are in status, you can adjust status at that time. But it's smart to get a second opinion.
    Answer Applies to: Washington
    Replied: 11/29/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    He can file for you, however the wait time for a US Citizen filing for a sibling is at minimum about 11 years and at maximum about 23 years depending on where you were born. For more information feel free to contact me or another immigration attorney of your choice to set up a phone consultation.
    Answer Applies to: California
    Replied: 11/29/2012
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    No. You cannot get citizenship through your brother in the same manner, but he can file a petition on your behalf as the sibling of a US citizen. Be forewarned though, the wait is at least 11 years right now.
    Answer Applies to: Virginia
    Replied: 11/29/2012
    Law Office of Eric Fisher | Eric Fisher
    Your brother cannot transfer US citizenship to you. He can file a visa petition for you, but it will be many years before you can apply for US residency.
    Answer Applies to: Colorado
    Replied: 11/29/2012
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