Hotscot

I guess it will take about 10 years for approval of the petition.

1. Assuming, when approved, that I will have to be present in the US will I be obligated to be present for a certain time? (For example I'm intending moving back to the UK but I could possibly move back here for a time if it was necessary for his approval.)

2. What approval would he be granted? Permanent residence?

3. And would that apply to Spouse and children over 21?

ian-mstm

Probably closer to 13 years!


Not only do you have to be present in the US, you are obligated to be living in the US when your brother enters the US with his immigrant visa. I don't think there's a restriction on you staying in the US afterwards.


He will get an immigrant visa and he will become a PR (= green card) the day he enters the US.


To his spouse, certainly - I'm not sure about the sons or daughters. The term "children" is used exclusively for those under 21 years old. Over age 21, they are sons and/or daughters.

Ian

Noorah101

There's no way of knowing when the I-130 will get approved. It could be approved in 1 year. The important thing is that there won't be a visa number available to him for about 10 - 12 years, regardless of when the I-130 is approved.

Not assuming when the I-130 is approved, but rather when the visa number becomes available to him. You must be domiciled in the USA when he enters the USA using his immigrant visa, but I don't think you're obligated to stay there afterwards.

When he uses his Immigrant Visa to enter the USA, he will become a US Permanent Resident.

Spouse for sure. Doubtful for children over 21, unless they qualify for CSPA (Child Status Protection Act). I don't know much about that, so you'll have to research.

Rene

Hotscot

So when the visa number becomes available I can move back to the US and prep for him coming also?
(I'll continue to research I just like asking the crew as well.)

S Folinsky

Note: every time for the last 30 years every discussion of "immigration reform" talks about elimination of the category albeit with a "savings clause" for people already on line.

Just saying.

Noorah101

You are a USC and can move back to the USA anytime you want to. You have to be domiciled in the USA in order for the I-864 affidavit of support to be effective, which means you need to be living in the USA by the time that comes into effect (which is when he enters the USA using his immigrant visa). You can probably enter the USA just ahead of him in line when he immigrates, and that would be acceptable.

Rene

Hotscot

Sound good. Thanks guys.

jeffreyhy

When what is approved? The petition, as mentioned in your opening sentence? Approval of the petition qualifies your brother to apply for an immigrant visa.[QUOTE=hotscot;10864747]2. What approval would he be granted? Permanent residence?

Spouse yes, children over 21 at the time the petition is submitted no. Regards, JEff