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Can My Brother Get a EAD to Work in U.S. after I File Green Card Application for Him?


Question:

I am a U.S. citizen and would like to sponsor my brother for U.S. Permanent Residency. How long would it take for him to get Green card? If I file Green Card application for him, does his wife and kids automatically get Green Card also? Can he get a EAD after I file Green Card application for him?

Answer:

It may take about ten year fo him to get Green Card. The children who are below the age of 21 and spouse will also get an U.S. Green Card. Thus, there is no need to apply for them separately. There is a regulation called CSPA (Child Status Protection Act) which allows the child to deduct the number of days the I-130 was pending from the age of the child.

There will be no EAD for him until the immigration date is current, and he cannot stay in the USA with EAD, and he should wait for the immigration visa in his home country.


 
 


 



 

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