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My sister is a US citizen and i'm her married brother sibling and she wants me to petition, would that take time?

Parsippany, NJ |
Filed under: Immigration

Asking for how many year that would take for petitioning as married sibling.

Attorney Answers 4

Posted

It will take over twenty years if you are from the Philippines and you qualify. USCIS does not consider siblings to be immediate relatives. Nevertheless it is recommended that you apply for two reasons. First, impending immigration reform sources have revealed that this category will be eliminated after reform passes. Second we have been told that the wait will shorten. Immigration Reform is not law and has not passed. The details are speculative.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Asker

Posted

thank you very much... so there's no chance at all for me... :(

Yolanda Navarrete

Yolanda Navarrete

Posted

I believe if immigration reform passes, you will have a greater chance.

Asker

Posted

really... thank you very much for the information... i will pray for it... :) my goal is good and god will provide for those who has good intentions... god bless :)

Yolanda Navarrete

Yolanda Navarrete

Posted

I agree with that statement. I am praying for this reform also.

Posted

An adult U.S. citizen can petition for his or her sibling. The current wait time for visa availability is about 12 years (unless you are from Mexico or the Philippines and then it is running longer). The fact that one or both of you is married is irrelevant to the wait time. You should go ahead and file the I-130 petition now for a couple of reasons. First, if we get immigration reform, it could drastically affect those wait times. The current bill that passed the senate proposes increasing the number of visas available each year and making F2A category members immediate relatives (F2A category beneficiaries take up roughly half of the available visas each year). Second, if we get immigration reform, your sister may not be able to petition for you in the future. The current bill does away with the F4 category (brothers and sisters of U.S. citizens) completely. You should talk with a qualified immigration lawyer to see about how best to proceed and if there are any other options available to you in the meantime. Best of luck to you.

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Posted

Yes i am from the Philippines, so that would take more than 12 yrs? Siblings is considered as immediate family, is it? I read an article somewhere from USCIS that immediate family can be petitioned with in or after a year? I don't know if that is a promo or something new policy...? im not sure... pls. be adviced...

Stanley P. Walker

Stanley P. Walker

Posted

Yes - the F4 category from the Philippines is the slowest of any preference category. Right now, it is takng approximately 23 years for those visas to become available. You can check visa availability by looking at the monthly visa bulletin at www.travel.state.gov. Siblings are not considered immediate relatives - they are preference category relatives subject to an annual worldwide cap on visas. Also, no one country can use more than 7% of the total visas available for a particular category annually. That is why things run so slow in general, and even slower for the Philippines than other countries.

Asker

Posted

thank u very much...

Asker

Posted

sir how about working visa would that be much easier for me to go there in US?

Posted

She wants to petition for you as her sibling to get a green card? It takes awhile. 10 year ish under current schedule.The USCIS does not care (for sibling) about your or her marital status. Check current visa bulletin.

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Posted

Yes you are right, for me to get a green card. I am not sure but I read an article that if you are the petitioner's sibling which is considered as immediate family, US citizen can petition his/her sibling with in or after a year? Is it true?

Ji Min Kim

Ji Min Kim

Posted

Not an immediate relative.

Asker

Posted

thank you... :(

Posted

Yes, depending on your country of citizenship, the processing will take between 11 and 17 years, approximately.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

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Posted

thank you... maybe i don't have any chance to go there anymore... even working visa is difficult to get unless i have an excellent skills... :(

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