USC file for brother, but now parents(LPR) taking over petition

[weifengsd 0]

Hi all,

First of all, I want to thank all the members from this forum, we have gotten real far in our journey, lots of help from here.

Question:

a USC files for her brother, 10+yrs wait time right? or something like that...

Now that the parents have come to the USA and are LPR, we want to change the original petitioner from USC for the sibling to be LPR for their unmarried 19year old son.

I believe this cuts it down a few years in the timeline.

*currently the status of the USC-sibling petition has been accepted as of MAY2010 (does this mean the age is frozen so the brother never ages out?) i'm still a newbie at this aging out issue.

Please advice where to start,

thanks

Ben

[Married2009 32]

Not sure about the age thing, but LPR's cannot petition, has to be a USC,either naturalized, or by birth.

[milimelo 4,194]

Hi all,

First of all, I want to thank all the members from this forum, we have gotten real far in our journey, lots of help from here.

Question:

a USC files for her brother, 10+yrs wait time right? or something like that...

Now that the parents have come to the USA and are LPR, we want to change the original petitioner from USC for the sibling to be LPR for their unmarried 19year old son.

I believe this cuts it down a few years in the timeline.

*currently the status of the USC-sibling petition has been accepted as of MAY2010 (does this mean the age is frozen so the brother never ages out?) i'm still a newbie at this aging out issue.

Please advice where to start,

thanks

Ben

Depends on the country how long the wait time is for sibling petition - example - Europe, South America around 9 years (per current visa bulletin), Phillipines around 20+ years.

A person can have more than one petition in the pipeline so parents can definitely file for their son.

You can't change the original petitioner - parent has to file a new I-130 and pay the fee.

Edited August 4, 2010 by milimelo

[aleful 1,905]

Hi all,

First of all, I want to thank all the members from this forum, we have gotten real far in our journey, lots of help from here.

Question:

a USC files for her brother, 10+yrs wait time right? or something like that...

Now that the parents have come to the USA and are LPR, we want to change the original petitioner from USC for the sibling to be LPR for their unmarried 19year old son.

I believe this cuts it down a few years in the timeline.

*currently the status of the USC-sibling petition has been accepted as of MAY2010 (does this mean the age is frozen so the brother never ages out?) i'm still a newbie at this aging out issue.

Please advice where to start,

thanks

Ben

you can't change one petition to the other. your parents can file a separate petition for her with a new priority date. a person can have more than 1 petition filed for them at the same time. You don't say when the petition was filed, what priority date does he have and what country is he from.

for siblings the age doesn't matter, there is only one category, married, unmarried, under 21 or over 21. There are 2 categories for children of LPR, under 21 and over 21. they have to be unmarried at all time.

[weifengsd 0]

Married2009 - LPR's can petition for unmarried son/daughter.

milimelo - Country China(how long is it for this country?), we filed 18months ago, got petition acceptance notice in 15 months.

How does NVC know that the benficiery(19yr old brother) has 2 petitions for him(one from the USC sister and one from a LPR parent?)

Do they find it and append it altogether?

aleful - i didnt want to change the petition, I was thinking that when the parents(LPR) peititoned the son, the 15months waiting by the USC would count towards the priority date, isnt that how it works? my main concern is to be able to lock in his age.

USC filed for sibling was around 18months from today, dont have exact date, not at home right now. Country is CHINA.

the child is UNmarried and under 21 right now.

[aleful 1,905]

Married2009 - LPR's can petition for unmarried son/daughter.

milimelo - Country China(how long is it for this country?), we filed 18months ago, got petition acceptance notice in 15 months.

How does NVC know that the benficiery(19yr old brother) has 2 petitions for him(one from the USC sister and one from a LPR parent?)

Do they find it and append it altogether?

aleful - i didnt want to change the petition, I was thinking that when the parents(LPR) peititoned the son, the 15months waiting by the USC would count towards the priority date, isnt that how it works? my main concern is to be able to lock in his age.

USC filed for sibling was around 18months from today, dont have exact date, not at home right now. Country is CHINA.

the child is UNmarried and under 21 right now.

no, that is not how it works.

the peticion by your parents is considered a new peticion, the priority date is always a few days after immigration receives it. the sibling peticion continues its course, and the new peticion will have the new data starting from zero. you cannot transfer waiting time, it is a new petitioner, a new petition from scratch.

like I said, a person can have more than 1 petition at the same time.

for Chineese siblings of a USC the priority date in August is June 1, 2001. these are dates from the August Visa Bulletin for China.

for parents petitioning unmarried children under 21, category 2A for China is March 1st 2009, the date is very close, tight before he turns 21 and depending on when the petition is filed.

One can never be sure if he will qualify for the CSPA, if he turns 21 the officer might decide to change him to the other category 2B unmarried children over 21, the priority date is January 1st 2004

[Export of Dhaka 8]

The ONLY time age is locked on the priority date is when the beneficiary is the children of USC. Children = under 21, unmarried - that's the immediate relative of USC category.