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Lornaevo

Sponsoring my foreign sibling.

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Hi Guys. So here’s my question. I’d like to petition my brother and his family. I know we have to file the i130 and wait for the priority date to become current. They all have valid visitors visas. If we file the i130 does this cancel their visitor visas?


05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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No, their tourist visas remain valid. Filing an I-130 does not cancel any existing visa they have.

 

However, even with a tourist visa one is not guaranteed admission into the country. Every admission, except that of USCs, is at the discretion of the CBP officer. In this case, since the wait is over a decade for an immigrant visa to become available and they have no chance to adjust status through you, it's unlikely that they will be refused admission based on immigration intent . But it cannot be guaranteed. 

Edited by JFH

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*~*~*moved from "adjustment of status from work/study/tourist visas" to "tourist visas" as the people in question have no option to adjust from their tourist visas*~*~*


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As said, there is no cancelling of visitor visa if you file for them. Current wait time is roughly 12 - 15 years.

 

They can continue visiting but they should be careful not to overstay or visit too often as it could lead to them either being denied entry or having their visitor visa revoked.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Marital status is irrelevant.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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13 minutes ago, adil-rafa said:

correct me if i am wrong because i just tried to look this up and could not find it

but from previous readings on here i thought you can not petition for married siblings

I think you are confusing it with an LPR petitioning for children. They must remain unmarried.

 

If a person is a USC they can petition immediate family members who are married or unmarried. It is just some of those family members will be in the lowest  family category, hence the long wait.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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25 minutes ago, NuestraUnion said:

I think you are confusing it with an LPR petitioning for children. They must remain unmarried.

 

And I have never understood this. Most of them are living in marriage-like relationships, even have children with the other person, and are as good as married but for the official certificate. They stay unmarried to get their visa but get married soon after they arrive (to the person they have been living with for years) and then petition them. Why not allow married children of LPRs? The result is the same and it all becomes a mockery. 


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2 hours ago, NigeriaorBust said:

  Immigration reform may level the field by eliminating all adult children   ,  They are grown up ,

Absolutely. It would not surprise me in the slightest if this category goes. What gets me the most is this:

 

I was granted an immigrant visa on the basis of marriage to a USC. If I had divorced him within weeks of arrival then I would have to jump through hoops at ROC to prove I entered the marriage in good faith and not to receive an immigration benefit. 

Children of LPRs are granted immigrant visas on the basis of being single children of LPRs and if they marry within a few weeks of arrival and petition their spouses they don't have to prove that they didn't stay single for years just to get an immigration benefit AND that they didn't suddenly marry someone they have been happily unmarried to for many years in order for them to gain an immigration benefit also. 


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Ok, so my husband with a 10 year green card and going to apply next year for citzenship can apply for his single brother now as he is an LPR

but he can not apply for his mom until he has his citzenship?

 

 

 

 

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  No you have to wait to be a USC for both

   USC can  apply for children , spouse, adult child unmarried, adult child married , parents and siblings ,  really  long  waits on adult children and siblings

   LPR can apply for spouse, child, adult child unmarried    all with a long wait 


This will not be over quickly. You will not enjoy this.

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