My bro overseas has an approved I130, can he come to US and wait for visa here?

[aruray]

What is the name of your state? NJ

I130 was filed on April 19, 2001, approved in 2005. He is now in the Philippines and we would like him to come and wait for the visa here. He has a tourist visa. I would like to know if this is possible under the 245i law. Thanks!

 

[ImmigAttyLana]

Unless he has some other means of entering the US, he cannot enter the US just because he has an approved I-130 petition if the visa priority date is not current. For a sibling from the Philippines, it is about a 25 year wait before that priority date will become current.

 

[ImmigAttyLana]

Unless he has some other means of entering the US, he cannot enter the US just because he has an approved I-130 petition if the visa priority date is not current. For a sibling from the Philippines, it is about a 25 year wait before that priority date will become current. Section 245i has absolutely nothing to do with this.