I am us citizen and my brother just came here in visitor visa couple days ago now question is if I sponser him how long it takes for him to get gc? while he is getting his gc is he gonna be leagal while its in process .and wht is the procedure any help will be apriciated thanks guys

 consult an attorney..trust me  thats a best way to go..

prita7 - Nothing is in your favor since he is your brother and not parents. Few might give you suggestions to have his status change to F1 and become a student as you apply, that too will still take a long period of time, if you catch a lawyer who will try to take your money and try to promise you that he will get his green card in "years to come", but they wont give you the actual Yes/No but want your money. As average of 6-8yrs even 10 for siblings in any situation. I am not a lawyer and someone here in Sajha might be very intelligent to help you. But good luck! how old is your brother? GO ahead and still apply for him, but he will eventually have to return to Nepal since he is a visitor and his visa will expire and he will be illegal. Then it will make things worse in the future. Sorry it wasn't a good answer for you, but what I know is what I can share to my fellow friends from Nepal. Good Day!

He is 38

 HI Prita7.

This might help you. I copied some information from www.uscis.gov. If still unclear please visit this website for more infortmation.


U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters.

“Immediate relatives” of a U.S. citizen, defined as one’s spouse, unmarried children under the age of 21, and parents, always have a visa number immediately available and are discussed in the “Green Card for an Immediate Relative of a U.S. Citizen” link to the left.

If your relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.”  Eligible relatives include:

• Unmarried sons or daughters over the age of 21
• Married child(ren) of any age
• Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.

This page discusses the steps required to get a green card (permanent residence) for relatives of a U.S. citizen in a preference category.

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

• Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”
• Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status.  Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” link to the left under “Green Card Processes & Procedures.”

Get a Green Card While Outside the United States

If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For information on consular processing see the link to the left under “Green Card Processes & Procedures.”

 National Visa Center who processes the Visas for the applicants. NVC is currently processing June 2001 for the category of Brother and sister of the US Citizen (F4), 12 years behind from today's date. Your brother has to maintain the status if he wants to stay here until he gets a green card. Best of Luck. BWT, he probably gets a green card around age of 50 if he is 38 now.
http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

Thanks guys for your help I really appreciate it but once we file for gc will he be in leagel while process? Now I didn't get that part otherwise it's tough to stay in status for that long...

National Visa Center who processes the Visas for the applicants. NVC is currently processing June 2001 for the category of Brother and sister of the US Citizen (F4), 12 years behind from today's date. Your brother has to maintain the status if he wants to stay here until he gets a green card. Best of Luck. BWT, he probably gets a green card around age of 50 if he is 38 now.

means "it's a legal process but he has to maintain his status by his OWN till then", the process itself doesn't give him US status."