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What is going to happened to family-forth preference (F4 - siblings) category if the immigration bill is passed?

New York, NY |

According to the new immigration reform, are siblings of U. S. citizens going to be added to the immediate relatives category or is this category going to be eliminated completely if the immigration bill passes the House of Representatives?
I want to file for my brother (18 years). Should I wait for the immigration reform, so that he doesn't have to wait in line for 12 years?

Thank you,
Vika

Attorney Answers 4


  1. Best answer

    Absolutely file for him now. Not only will the sibling category be eliminated in the proposed senate bill, but the F2A category (which takes approximately half of all the visa numbers available each year) will be converted to immediate relatives, which means nearly double the visa numbers for the other categories will become available. An increase in the overall worldwide cap should mean that we would see a substantial speed up of waiting times for the remaining categories. Plus if you never file the I-130 petition, then the clock never starts running . . . . Good luck.


  2. The sibling category will be eliminated so apply for him now.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Although the reform has not passed and we do not know whether it will or not, you should file for your brother now in order to not only start the process, but also to actually have the opportunity to file for him as the proposed law will eliminate this category if passed.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  4. I would immediately file the petition on behalf of your brother.

    First of all, there is only a Senate "proposal" that would eliminate the 4th preference category. This is a long way from an actual law, since the House of Representatives also have to approve the proposed bill. What they ultimatel agree to, if anything, is

    FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at ConroyImmigration.com. Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.

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