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Alien Relative application for Brother 1-130

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  • Alien Relative application for Brother 1-130

    Hello,

    I am looking for some advice.

    My older brother is a US citizen and lives in the USA. We are both originally from the UK which is where I live.

    Is it possible for him to file a Petition for Alien Relative (Form I-130) for me, in order for me to get a Green Card so I can live and work in the USA?

    We both have the same mother but a different father. He originally had green card through his work and after spending 8 years in the USA he applied for citizenship and it was approved back at the start of this year. He has now been sworn in.

    I am married with two children so if he was to file the form and my green card was approved, how could I bring my wife and children with me?

    Is there a way that we could all move to the USA together and have permits to work? My wife is a qualified teacher with a degree and has completed her PGCE.

    Any help and guidance would be greatly appreciated.

    Many Thanks

  • #2
    Yes, he can petition you. Note that siblings are in the F4 category, which has a wait for visa numbers of about 13 years. Before the wait is over, you have no special ability to enter, live in, or work in the US. When you are eligible to immigrate, the spouse and unmarried under-21 children you have at that time will be able to immigrate together with you as your derivative beneficiaries.

    This is my personal opinion and is not to be construed as legal advice.

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