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I am US citizen. I want to petition for my brother. I was told I have to file I-130 asap.

Brooklyn, NY |

Is it true that this program is eliminated and I have few days to file I-130?

Attorney Answers 7


  1. Best answer

    No. Nothing of the sort is true. They are talking about eliminating the siblings category in the immigration bill. But nothing has passed yet. Even if and when it does, they will give certain period For all the remaining siblings petitions to be filed, before a "sunset date" when the entire category would expire. That would not affect those cases that are already in the "pipeline", those will remain unaffected and will be processed, perhaps even faster than now.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. The sibling category is eliminated in the current immigration reform bill that is before the house. Should that bill become law you will not be able to file for your brother. Whether the legislation will actually pass one can only speculate. However, it would be a good idea to file the I-130 now.


  3. There is no urgency. The "advice" you got was based on the assumption that the new immigration bill would eliminate this category all together when it becomes law. Whether that will ever happen, is very speculative at this point.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. If congress passed the immigration reform bill the Senate approved, then yes, it will be eliminated.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. IF the current immigration bill passes, then yes, it would be eliminated.

    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.


  6. That is not the law .... yet, but it might be.

    Yes, it is a good idea to file now .. to be safe.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  7. Elimination of this preference category is also the subject of other legislation (in addition to the comprehensive reform bill). None of the bills have become law, but it would be best to file now in case any of the legislation does become law.

    Contact me at lobrien@ornerobrien.com or at 240-395-1506. This response is provided for informational purposes. I cannot provide legal advice specific to the facts of your particular case without a signed contract in which you have agreed to allow me to represent you.

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