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Immigration Issues/US citizen petition brother

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Question
I am a US citizen and I have petition my brother back in 2002, we have received a priority date already.  my brother enter the USA with a visitor visa and continue residing here since 2002, my question is: does he have to adjust status here in the USA once his priority date comes, or does he have to return to his native country  to receive his green card?

Answer
Hi,

Since you filed for your brother after April 30, 2001, he is not covered under Sec. 245(i) and thus cannot adjust status in the U.S. as he is violating his immigration status. He will need to return to his native country and apply for an immigrant visa at a U.S. Consulate.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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