Immigration Issues/I-130 for brother


I am a naturalized US citizen.I just filed I-130 for both my parents.My brother is in NY right now with a tourist visa.Can I file petition for my brother now while he is in NY on a tourist visa? His tourist visa will expire in December 2009. What kind of status he will have while his petition is pending?
Thank you so much for your time.  

You can file for him, but he will have no status while he waits for the visa to be approved and for his number to come up. Your parents on the other hand will have no waiting period.

It is very important that no one overstays their visas by more than 180 days as there is a very serious penalty.

Go chat with an immigration attorney. Your brother may have options, but it is not possible to go through them over the internet.  He should sit down and have an attorney review his situation, and give him his options.

Good luck.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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