What can I do if my brother overstayed his work study visa 3.5 years ago and I want him to stay in the U.S.?

We are from the Ukraine. He is 23 and I am 30. I married an American citizen and already have my citizenship. I want to help my brother become legal in the U.S. Our mother passed away and we have no home to return to, so it is very important to me. Can he get a visa if I apply for I’m?

Asked on February 14, 2016 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately , if he has overstayed and is out of status and unlawfully present, even if you petition for him and his visa number becomes available (in 10-12 years as that is the time frame for sibling of US citizen petitions)  he will not be eligible to adjust status because of his unlawful status.  Under the current immigration laws, the only way he can legalize his status within the US is through a valid bona fide marriage to a US citizne, the same process as you had undergone if you are married to a US citizen.


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