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Q. Sponsoring a brother as a citizen

지역California 아이디j**pa**** 공감0
조회668 작성일5/15/2008 7:43:58 AM
Hello,
I would like to sponsor my brother who is 44 yrs old so he can live in the US and work here. I know it would take over 10 years if I sponsor him while he is in Korea. He mentioned that he could come to the US with the tour visa and then I will file for the petition for him while he is in the US. Then he can legally work before he becomes a permanent resident. Is this true? Thank you in advance for your time and advice!!!
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탈퇴한 전문가 님 답변 답변일 5/15/2008 9:34:36 AM
>>>He mentioned that he could come to the US with the tour visa and then I will file for the petition for him while he is in the US.

It can be done that way... but see below.

>>>Then he can legally work before he becomes a permanent resident. Is this true?

No, that is not correct.. He can apply for work authorization (Employment Authorization Document) when he can apply for a green card. As you know, it may take more than 10 years before he is allowed to apply for his green card because of the waiting period.

Hope this helps...
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답변일 5/15/2008 9:53:02 AM
Thank you so much for the answer to my question! This means as long as he applies for EAD and gets it, he can work in the US legally? Can he re-new or reapply for EAD until he is allowed to apply for his green card?
Thank you!
답변일 5/15/2008 10:04:12 AM
What I stated above means he cannot apply for his green card until his visa number is available. The waiting time can be estimated by looking at the monthly visa bulletin published in the link below.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

There are two forms involved in this visa processing. The first is I-130 immigrant petition, and your question was regarding a petition. You can file a petition on behalf of your brother whereever your brother currently is. Once you filed the petition, you will be given a priority date, and you will have to see the visa bulletin to estimate how long it will take before a visa number for your brother will be available.

The other is form I-485, which is used for applying for green card. One cannot file I-485 until his visa number is available, and this waiting period is the actual chunk of waiting involved in this type of visa processing. At that time, your brother is allowed to apply for the work authorization, and until that time, your brother must maintain his lawful status in the U.S.

If this does not make sense to you, please search the net to find out how the visa processing proceeds.

Regards,
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