What is the best process for my brother to get his green card? 10 Answers as of December 28, 2010

I am an US Citizen. I want to apply for a green card for my brother. I know it will take 7 to 8 years. Right now he is staying in United stated with an H1 visa. He wants to apply for the green card through his employer. Can we start two processes for the green card one is from his employer and second one is from my side? If he applies the green card through his employer may be he will get it or not. Can you suggest us which one is better process?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
As long as you notify the CIS of your intentions, your brother can have two petitions filed for him, one by you and one by your employer. The fact that your brother appears to be here validly with an H-1B visa, which is for three years and renewable for up to 6 years, holds an additional advantage of allowing your brother to continue to work in the U.S. if his employer has petitioned for him to obtain a green card within a year or more before the expiration of his H-1B. The CIS may more closely inquire into the labor certification status of the employer, but most likely you would succeed, and you probably will get eligibility to adjust status off the employer's petition before you would off your brother's. If you want to discuss the matter further, by all means get in touch with me via e-mail or phone to schedule an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 12/28/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
She, he can have two petitions at the same time. The labor petition may take less time, but the eligibility requirements are more strict. The petition from his sister takes longer but is more straight forward.
Answer Applies to: Florida
Replied: 12/11/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
For a US citizen to petition his/her brother/sister, it takes about 10-12 years so an employment based process will be significantly faster, even if the country of birth is India or China. Although, depending on the country of birth for your brother and whether he would go through the employment based process on the basis of a master's degree or bachelor's degree, will determine the length of processing for that.

Please feel free to contact me directly with any questions or concerns you might have.
Answer Applies to: California
Replied: 12/9/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You can do both concurrently whichever comes through first you go with. However, for your petition he would have to remain in status if the employer petition fell through.
Answer Applies to: Florida
Replied: 12/8/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister (sibling) to live and work permanently in the United States as a Green Card holder. As the sponsor of your brother or sister, you must show that your household income is sufficient to support your family and your brother or sister at 125% or more above the U.S. poverty level for your household size. For more details about meeting this income requirement, Affidavit of Support Guide (Form I-864). You do not need to file separate visa petitions for your brother's or sister's spouse or unmarried, minor children. Any child under 21 is considered a minor. If you are a lawful permanent resident (Green Card holder), you are not eligible to apply to bring your brother or sister to live and work permanently in the United States.

The Green Card Process for My Brother or Sister (Sibling) An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your sibling must go through a multi-step process to become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition that you file for your brother or sister. Second, the State Department must give your brother or sister an immigrant visa number, even if your brother or sister is already in the United States. Third, if your brother or sister is already in the United States, your brother or sister may apply to
adjust to permanent resident status after a visa number becomes available. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. Consulate to complete the processing for a Green Card (immigrant visa)
Answer Applies to: California
Replied: 12/7/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Yes, you can file a family petition for your brother, provided you are at least 21 AND your brother could start the process through his employer. The process is a lot easier through you, and much cheaper, but it takes much longer (more like 9 to 22 years depending on your brother's country of birth). The process through an employer is a lot more complicated, more expensive, but might be faster. Potential problems with the employer-based option: The employer goes out of business, doesn't make enough money, closes down the business, and / or position gets eliminated, etc...Potential problems through you: you die and / or your brother might be unable to adjust if his H status lapses.
    Answer Applies to: California
    Replied: 12/6/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    Both the family and the employment based processes are distinct processes with different timeliness, and are subject to a number of variables that cannot thoroughly be addressed here and are best reviewed by an attorney. However many who qualify for the employment based process who have a US Citizen sibling will file a 4th preference relative petition as a back up process in case the employment process doesn't work out for some reason or gets delayed.
    Answer Applies to: Massachusetts
    Replied: 12/6/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Yes, you can start two processes at a time. I would suggest starting perm because the wait time is not that long. You are more than welcome to contact us.
    Answer Applies to: Florida
    Replied: 12/6/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    Applying for a green card based on employment sponsorship takes more work. The time frame depends on the job position, the quality and country origin of the employee. There is no general answer as to which one is better. All needs detailed case by case analysis.
    Answer Applies to: Oregon
    Replied: 12/6/2010
    Law Offices of Daniel Richardson
    Law Offices of Daniel Richardson | Daniel R. Richardson
    An individual can only have one petition pending at any given time. I do not do employment visas, so I can't give you comparative times, but you can compare the two in the visa bulletin published monthly at www.state.gov.
    Answer Applies to: California
    Replied: 12/6/2010
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