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Immigration Issues/sponsorship of brother

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Question
Hi, thank-you for donating your time to help others.
I would like to sponsor my married brother. He lives in Germany but they are purchasing a condo here in SC. My multiple questions are:
Can I sponsor them while they are in the US on tourist visas?
If not, and we sponsor them while they stay in Germany, how long does it take usually? (I have heard years)
As foreign property owners can they still visit while their paperwork is in progress?
If so, how long may they stay in the country at a time? 90 days..180days etc and how often can they visit?
We want to do everything legally and above board and do not want to jeopardize the sponsorship.
Thank-you for your time
Lol

Answer
Hi,

You can sponsor your brother in the 4th family preference category: www.h1b1.com/sponsor.htm

It will take about 10 to 12 years for a visa to be available in this category: www.h1b1.com/visawaiting.htm

Your brother cannot reside legally in the U.S. based on your sponsorship during the time it takes for a visa to be available. If entering on visa waiver, he can visit up to 90 days at a time. Visiting too often, or spending the majority of time in the U.S., can result in future denial of entry to the U.S. based on residing in the U.S. (as opposed to maintaining a foreign residence). However, your brother can purchase property in the U.S. and can even live at this property during his visits, as long as he does not really "reside" in the U.S. His primary residence should be outside the U.S.

Immigration Issues

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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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