Sandy Springs, GA Immigration Law Firms & Lawyers

There remains a very long backlog for visas in the Family-based Fourth Preference visa category (siblings of U.S. citizens). Although the dates shown in the Visa Bulletin issued by the U.S. Department of State may appear to show a somewhat shorter time, because less than a year's backlog usually is met in each 12-month period, the wait for a visa is likely to be 15 - 20 years or even longer. For this reason seeking to immigration through the FB4 visa category rarely is a satisfactory strategy, and it can be worthwhile to explore other possible eligibilities.

The fact that a foreign national's brother is completing his final year on an F1 student visa has no legal relevance for the sibling's immigration issues. If you are considering application for an F-1 visa to attend school, it would be a good idea to speak to a representative in the school's office of the Foreign Student Advisor to address your current situation and your and the school's qualifications for a student visa. Beyond student visas, there really is no alternative for engaging an immigration attorney to learn all of the relevant information about you and your goals in order to become able to advise you about immigration-related eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.

Although not clear from your question, I presume that your fianc?e and her son are located abroad. If that is accurate, you may apply for a fianc?e visa that would authorize her to come to the U.S. in order to marry you within the required time, and then you could sponsor her in a marriage-based adjustment of status application process. Alternatively, you could marry her in the Philippines and then proceed with Consular Processing. There are pros and cons to these approaches, and if your fianc?e and/or her son already may be in the U.S., other options should be explored too, each with its own pros and cons and legal requirements. It would be wise for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant details, would be able to advise you about immigration eligibilities, options and strategies and offer legal representation for the application process.