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Filing F4 sibling I-130 petition before naturalization?

Fort Lauderdale, FL |

Since USCIS is taking so long to adjudicate sibling I-130 petitions, would it be possible for a permanent resident to file the I-130 for their sibling before the petitioner actually naturalizes? Or, would it just result in an RFE shortly after filing the petition?

Attorney Answers 3


No. That would result in a denial of the petition and the loss of the filing fee.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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No, the petition will be denied. Wait until USC. Good Luck!

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LPRs are not eligible to petition for siblings. You will lose your filing fees and the petition will be denied.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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