Any chance for my brother to work in the US with me?

[malamute]

Originally Posted by sponger42

Probably not. I think the only way to have an overstay overlooked is through marriage. I don't think you can convert from an expired visa to an H1-B, which your brother might be able to sponser you for. However, USCIS undoubtably has controls to keep immigrants from creating an LLC (or exploiting family businesses) to bring their families over on H1-B's.

You're probably going to have to go back to your home country first. Hopefully you haven't overstayed more than 1 year so you won't get hit with the 10-year bar.

You're a very long-shot case. I would talk to an immigration lawyer about your options first before you go filing any petitions or buying any tickets.

Even the green card marriages are getting to be a less certain way to be here illegally and stay. They sometimes question those - more when the marriager is here illegally and then marries.

[Nativechief]

I think you need to leave and return in a fully above board way....the american way. The obey the laws 100% way//

[sponger42]

Originally Posted by malamute

Even the green card marriages are getting to be a less certain way to be here illegally and stay. They sometimes question those - more when the marriager is here illegally and then marries.

An illegal alien cannot marry their way into a Green Card while staying in the country illegally. The law is very specific on that. If you entered the United States without inspection, then you must return to your home country before you can obtain a residency through any means, period. (Except in the case of special adjudication as in the case of certain refugees)

A visa overstay might trigger a more-intense review, or it might not. USCIS is opaque in these matters. In any case, a legitimate marriage will eventually be recognized.