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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