Seffner, FL Immigration Law Firms & Lawyers

The status of your case appears to be that the 1-130 petition has already been approved and your brother is waiting for the priority date of 2007 to become available before he can immigrate. Currently the process is taking approximately 13 years for persons born in most countries of the world except for China, India, Mexico and the Philippines which takes longer. As your brother has already invested nine years in the process, he probably needs to only wait another four years or so to immigrate if from any country other than those four. If he has good education or working skills, he may be a candidate for employment-based immigration. If he has much monies, he could conceivably look at the US immigrant investor scheme to immigrate. For those options, he or you may wish to consult an immigration attorney for details.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

I will assume for purposes of the question that you and your son are both in the US at this time and that you are sponsoring him for permanent residence. Under that circumstance, your son would have to be in legal immigration status until the time that you file for his I-485 adjustment of status application since you are a permanent resident and not a US citizen. If he is in the country as a visitor, it is a violation of visitor status to attend schooling. The filing of an I-130 petition alone does not insulate you from a potential violation. Once you file for his I-485, the law in essence freezes his status from then on even if he begins to attend schooling. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.