How Can You Bring Your Brother Over 21 to the USA if You’re a US Citizen?

Are you a US Citizen looking to bring your brother over 21 to the USA for a visit? Here’s a detailed guide to help you navigate this process, ensuring compliance with immigration laws and meeting the requirements needed for a successful application.

Eligibility for a Visitor Visa

As a US Citizen, you can sponsor your brother for a visitor visa. However, there are several key points to consider:

Does your brother qualify for a tourist visa without your help? Under what conditions can he enter the USA? Is he allowed to stay temporarily? Will he be granted permanent residence status?

Requirements for a Visitor Visa

Your brother will need to complete the DS-160 online form and attend a visa interview at the US Embassy or Consulate in his home country. He will need to answer each question truthfully. Additionally, your assistance as a sponsor through the I-134 Affidavit of Support is highly beneficial:

Online Application: Your brother should apply for a visitor visa using the DS-160 form online. Consular Interview: Attend the visa interview to present necessary documentation, including proof of funds, travel plans, and purpose of the visit. Documentation: Provide financial proof and a clear plan for his stay to demonstrate he won’t rely on public resources.

Legal Obligations as a Sponsor

As a sponsor, you have significant responsibilities:

Financial Sponsorship: Provide financial support to ensure your brother does not become a public charge. Healthcare and Support: Be prepared to cover any healthcare and other expenses if your brother violates immigration laws. (Optional) Permanent Residency: If you plan to have your brother stay permanently, consider the consequences of potential arrest and deportation by DHS.

It's important to ensure your actions align with immigration laws and that you don't attempt to imply an intention for him to immigrate, which is prohibited for tourists.

Alternative Routes for Permanent Residency

If your brother aims for permanent residency, you have several options:

I-130 Petition: File for an immigrant visa (I-130) for your brother. Processing times can be lengthy, ranging from several months to years, depending on the country of origin. Business Sponsorship: Start a business and expand it to your brother's country. Hire him there and potentially transfer him to the USA under an L1-A visa, which is a more complex process but offers potential long-term benefits. Other Avenues: Investigate other potential immigration programs that might suit your brother's circumstances.

Conclusion and Additional Tips

Bringing your brother over 21 to the USA as a visitor requires careful planning and compliance with immigration laws. Ensure you follow all necessary steps, from online application to attending the consular interview, and fulfill your legal obligations as a sponsor. Be aware of the long-term implications of hosting a family member in the USA. Seek professional legal advice if you're unsure about any aspect of the process.