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What is the normal processing time for an I-130 if I file for my brother?

Staten Island, NY |

My brother lives in Pakistan and I want to file an I-130 for him. He has never been to United States. What will be the normal processing time for the petition.

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Attorney answers 3

Posted

Processing time for the I-130 itself is as estimated on the USCIS website.

However, your brother will then need to wait for his priority date to become current. Based on current priority dates, that is likely to take over 10 years.

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.

Asker

Posted

I didn't understand this "priority date". What is it?

Esra Gules-Guctas

Esra Gules-Guctas

Posted

Immigrant visas available to “immediate relatives” of U.S. citizens are unlimited, so are always available. . Immediate relatives include, parents of a U.S. citizen, spouses of a U.S. citizen and, unmarried children under the age of 21 of a U.S. citizen. Immigrant visa numbers for individuals in a “preference category” are limited, so are not always available Because the demand is higher than the supply of visas for a given year for some categories, a visa queue (waiting list) forms. To distribute the visas among all preference categories, the Department of State gives out the visas by providing visa numbers according to the preference category and one’s priority date. The priority date is used to determine an individual’s place in line in the visa queue. When the priority date becomes current, the individual will be eligible to apply for an immigrant visa.

Posted

See this helpful link: http://travel.state.gov/visa/bulletin/bulletin_1360.html

Posted

I agree with my colleague. Although the I-130 may be approved quickly, he will still have to wait for the priority date to become current.

You should still file as soon as possible, just to make the processing time even one day shorter.