If I file I-130 for my brother, can he stay in the U.S. with his non-immigrant visa and adjust his status?

No, your brother may not remain in the U.S. with his tourist visa while he waits for an adjustment of status. Brother-sister immigrant visa category (F4) is a long waiting category that the beneficiary’s need to wait for a visa availability for this category for more than 10 years. Considering this time frame, your brother may not be able to remain in the U.S. with his tourist visa for 10 or more years in order to adjust his status. For getting a work permit, before coming to the U.S., he may apply for an H visa after finding an employer who may be able to and willing to file for an H petition (Form I-129, Petition for Non-immigrant Worker) on his behalf.

If you have any questions regarding immigrant visa, feel free to reach our Law Firm at +1-212-245-70 70 or info@ogmenlaw.com email address.
Thank you.

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