Changing petitioner from citizen sibling to LPR parent

[MsShah 0]

Hi, 

 

I have a confusion i wonder if somebody is through this situation. I am a U.S. citizen and I filed a petition for my parents and one of my under 21 sibling. My parents got the visa and it's been a month they are in U.S. and good their green card. Now they wants to apply for their unmarried children including my under 21 sibling whose petition i already has filed and approved by USCIS. 

 

My question is do I have to cancel my petition so that they would be able to file a new petition for him. Does it make any difference in duration of the process or wait time. Keep in mind that I am citizen and my parents are green card holder.

 

Is it possible that they file a new petition for him and i don't withdraw which i already have filed.

 

Another question is he is going to be 21 in December. So for example if my parents file an petition for him before he turned 21 which age would be considered at the time of processing.

 

Please help me 

[milimelo 4,156]

One can have multiple petitions going on at the same time. Leave yours as is in case something happens to parents. 

 

One parent files I-130 and then you wait. There's no protection for his age once he turns 21 - he'll automatically switch to F2B category. 

[MsShah 0]

2 minutes ago, milimelo said:

I have two other siblings as well. There is no petition filed by anybody. What would you suggest in that scenario.

My sister is above 21 and unmarried. How long it take to process the application and who is better to file the petition for her. ME (CITIZEN) OR PARENTS (LPR)

 

My other brother who is married and have kids. How long it take to process the application and who is better to file the petition for him. ME (CITIZEN) because my parents are (LPR) and it would take almost 5 year to apply for citizenship.

 

How long it take if my parents apply for children above 21 and married and unmarried 

[milimelo 4,156]

You can find all your answers on travel.state.gov look for visa bulletin. 

 

Parents (LPR) can't file for married children, only unmarried ones. 

 

Over 21 in F2B is at least 7 yrs wait - see the visa bulletin 

 

Sibling petition F4 is minimum 13 to over 20+ yrs depending on country of birth. 

 

Based on this you have not filed any petitions yet otherwise you'd know the wait times. 

[MsShah 0]

8 hours ago, milimelo said:

You can find all your answers on travel.state.gov look for visa bulletin. 

 

Parents (LPR) can't file for married children, only unmarried ones. 

 

Over 21 in F2B is at least 7 yrs wait - see the visa bulletin 

 

Sibling petition F4 is minimum 13 to over 20+ yrs depending on country of birth. 

 

Based on this you have not filed any petitions yet otherwise you'd know the wait times. 

Thank you so much for replying and thr information you provide. I have couple of more questions. If F2B is in process, can my siblings come earlier to USA on any other visa to stay here. 

 

The other question is about my married brother since my parents would have to wait for 5 years to get their citizenship, and then file a petition for him, should I being a US citizen file a petition for my brother , in both scenarios the wait time is almost the same. What's your suggestion 

[Unlockable 7,306]

18 minutes ago, MsShah said:

Thank you so much for replying and thr information you provide. I have couple of more questions. If F2B is in process, can my siblings come earlier to USA on any other visa to stay here. The only other visas they can try that allows them to remain in the US is student or work visas. and those do not guarantee permanent resident status and are difficult to obtain. The only other visa they can try is a visitor visa but they will not be able to remain in the US. Their best bet is to wait until their priority dates are available. We know it is a long wait but there is nothing you can do to speed it up.

 

The other question is about my married brother since my parents would have to wait for 5 years to get their citizenship, and then file a petition for him, should I being a US citizen file a petition for my brother , in both scenarios the wait time is almost the same. What's your suggestion You both can petition for your brother although your parents petition would be faster than if you petitioned for him. Currently petitions for siblings take roughly 12 years.