As a US citizen, I want to apply for my brother over the age of 21 to get a green card.?

You're getting a variety on answers because there is no straightforward simple answer. the fact that he'll have an immigrant visa pending does obviously indicate that he has a future intent to emigrate to the US. the real question on a tourist visa is what is his current intent? some interviewing officers may have problems with the immigrant petition, some definitely won't. so, it's largely a judgement call at the interview. there's no possible guarantee that it will go either way. In reality, it would be stupid to remain in the US on a tourist visa while waiting for the immigrant petition to become valid for use. that would simply guarantee he'd never be able to use it. he can't use it to adjust status and get a green card in the US unless he's in some other sort of non-immigrant status at that time.

also, given the length of time it will take before he can currently use this petition, there's no real way to estimate how long it will actually take. I saw one period when the cut off date on F4 petitions didn't move forward one day over 6 months. only a few months ago, it was only moving forward 1 week every month and that lasted for a number of months. there have been times when cut off dates actually moved backwards. it's all about supply and demand and USCIS isn't good at all at counting the number of preference petitions they are currently dealing with, so they make mistakes and then have to make adjustments.

The waiting time for the sibling of a US citizen, family preference category, is 12 to 24 years, depending on the country of citizenship. Know that rhe F4 category will be eliminated as part of the up-and-coming Comprehensive Immigration Reform. So you'd have to file soon, so that your I-130 is approved and the petition would be grandfathered in.

To your question.

Your brother could not wait in the United States 'til his priority date becomes current, unless he's there on a valid visa and when his priority date becomes current he's still in status. There are few visas that allow such a long presence though. If your brother entered with a visitor's visa, the B2, he'd still have to attend the interview at the US consulate in Ciudad Juarez, would not be eligible for Adjustment of Status.

The filed I-130 establishes immigrant intent, but in a case like your brother's, where he entered the US and exited many times before without overstay, this should not have any adverse effect.

First, a friendly suggestion: questions that are concise, including only relevant information not interspersed with personal complaints, are more likely to receive concise, informative answers.

As noted, applicants for visitor's visas must overcome the presumption of immigration intent thanks to 5 million visa overstayers presently living, working, and attending public schools illegally in the US. Your brother cannot adjust from an overstayed visa through a sibling petition, so he has a much lower risk of overstaying, especially if he has visited previously. The question about the family member waiting in the US as answered correctly with the simple word, "No." The action of entering the US with a visitor's visa and leaving does not constitute waiting in the US. FYI, the long wait times for certain visa categories owe to the very large numbers of present and potential immigrants seeking to come here for a better life, including Mexican relatives of US citizens and LPRs, who comprise a majority of lawful and unlawful immigrants entering the US every year. The present wait time for siblings may change by a year or two but not more than that. It has held fairly steady for years. The only major potential change in the future is the elimination of this category in the proposed immigration reform bill, which would eliminate family visa quotas and wait times by restricting eligible categories to spouses, unmarried children, and parents.

Edit: "Concise" does not simply mean "brief." It also means comprehensive. Every single sentence except the first and edit provides information that is relevant to your brother's situation. Your lengthy post and frequent edits belie your dismissive comments about this forum.

n the 10 years I have been in the USA as a LEGAL immigrant those wait times have ONLY got longer and before you get snitty about the wait times it is ALL down to the huge amounts of fraud from certain countries that causes the wait times to be like this..............be grateful he is not coming from a far east country, their wait time is close to 20 PLUS years...............

There is talk about this actual sort of visa being done away with VERY soon so would make the decision and pay the money to file asap, if yours is in the system it will get grand fathered in..............they will not give much notice of sibling visa being dropped.

Filing the I-130 petition proves that he has intent to immigrate. People with intent to immigrate technically can't get non-immigrant visas. To get a non-immigrant visa, you have to be able to prove that you do not have intent to immigrate, and that you will go home at the end of your authorized visit. How can he prove that if he has a pending I-130?

I don't think he can travel as a visitor more. Because it would seem that he wants to live here, not visit any more so there's a chance he might over stay his visa. The wait time seems to be over 10 years

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yes you can file if you are a citizen over 21 with and he has never entered illegally or has no criminal records

sufficient income

from mexico it will take 17/18 years currently

he can travel until the dates get nearer

U.S. Citizens

http://www.uscis.gov/USCIS/Resources/A1en.pdf

It will take a minimum of 12 years.

http://www.uscis.gov/