I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer

A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to wait until the I-130 is approved and the priority date is current in order to apply for a green card or immigrant visa. Given the backlogs in this category, the process will very probably take more than a decade.  (29.Jul.2021)

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