USC Brother petitioning for Brother in home country.

[Ayanna32]

I would like to know if my usc cousin is petitioning for his alien brother who is in home country what would be the procedure. Is is possible for the alien brother to come to the U.S. and stay while it is being processed or is it against the law. The alien brother has a 10 year tourist visa but we don't want him to break any laws here in the U.S.

[aleful]

Ayan,
He has to start by filing the i130 with all the documents required. Unfortunatly the wait is very long. If he is Mexican, the wait is about 17 years, if he is from another country, around 12 to 15 years. He cannot stay and adjust in the US, he has to adjust at the US consulate or embassy in his country. If he breaks the law he will get a 3 to 10 year ban. If he already has a tourist visa, hy can come to the US to visit, but never overstay the time that the give him. If they gave him 3 months, before the 3 months are over, he has to return in order not to get the 3 to 10 year ban

[Ayanna32]

he is from Barbados. but he had some run ins with the law there. he was arrested and charged twice but never convicted. Will that make him ineligible?

[aleful]

Ayanna,
I don't think so if he keeps clean and no more run ins with the law, since it's such a long time waiting, and if he was never convicted and he has proof that the charges were dropped, I don't think so.

[Ayanna32]

Thanks that sounds promising. What is the procedure for a brother to file foe brother?

[aleful]

Ayanna,
Just like any other one. His brother has to file the i130 with a copy of his passport, birth certificate or certificate of naturalization to proove he is a USC, a copy of the birth certificate, to proove they are brothers. If it's in Spanish it has to be translated and notorized and also send a copy in Spanish. He can download the form and the instructions from immigration's website.

Then he'll wait about 5 or 6 years for the i130 to be approved, then wait some more until the priority date arrives. Later immigration will start sending the packets with the forms to fill until completion of file. Then they send the file to the country of origin and then he will have to wait until his brother get's the appointment.

Most likely he will have to proove that he was not convicted. He should have someting from the police or the procedure that shows he wasn't convicted and the charges were dropped. It wasn't drug related, right?

[Ayanna32]

No they were not drug related. One was for a bad cheque and one was for issuing a letter to someone addressed to the U.S. embassy in Barbados
stating they were employed in his company when they were not (he tried to help a girl that was a victim of domestic abuse get away from her abusive boyfriend). What do you think? :dunno:

[aleful]

Ayanna,
I read your messange. Thanks to you too. I don't think he'll have any problem. If they were drug related or he was a drug dealer, then probably be banned.

[Ayanna32]

Thanks a mil aleful!!!!