U.S. Citizen mother/sister filiing I130

[j_go76]

Hi, Is it possible for a U.S. citizen mother/sister to file I-130 & I-485 concurrently for a brother who arrived and here in U.S.on H4 visa? Instructions for I-130 from USCIS says you can file both forms but did not say anything about beneficiary's visa/status to qualify. I-130 application form even asks if alien relative is here in U.S., If so, can the brother (already in U.S.) stay here in the U.S. with out going out of status? What are the options? Any info will be appreciated. Thank you.

[PraetorianXI]

She can file I-130 for her brother, but that is it.

The I-130 does NOT provide legal status whatsoever. The brother must maintain a legal status on his own and he can not file for adjustment of status (i-485) until his Priority date becomes current, which won't happen for 12-15 years...

If he falls out of status, he would not be able to adjust and would have to leave the USA and depending on how long he had been out of status a re-entry ban may apply.

So, NO. A Green card this way takes a LONG time. He needs to get his GC some other way or wait 12-15 outside of the USA or legally in the USA (on his own merits).