My brother's green card expired, and father is US citizen living outside US. Can he sponsor my brother?

[kzielu 1,147]

Can u plz provide me with any official link to see the income /financial requirements for sponsoring son/daughter?

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

(Instruction for form I-864 - each petition will need an I-864)

Poverty levels (those will change over the years though)

http://www.uscis.gov/i-864p

[courageous girl 0]

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

(Instruction for form I-864 - each petition will need an I-864)

Poverty levels (those will change over the years though)

http://www.uscis.gov/i-864p

Thanku buddy! appreciate it!

[courageous girl 0]

Hi friends!

Regarding my brother's immigration(married with a kid and in Pakistan) through my US national father's sponsorship (Immediate Relative), here's an update:

We have been told by an attorney in US that the case can be expedited if a good medical condition is given to USCIS. As I mentioned before, my father is handicapped, and he shifted to Pakistan due to his medical condition few years back. My brother also shifted with him to Pakistan and now his Green card has expired. And now my father wants to sponsor him (via the Immediate Relative Category), and the lawyer says that the case can be expedited to 2, 3 years time (instead of the usual time of 7-8 yrs) if a good medical reason is given!

My question is that does the lawyer make sense? I mean, the medical condition is of my father. So if we state that my brother came to Pakistan and stayed here with my father, as my father needed help in Pakistan (because father is disabled and on wheel chair). So is this medical condition valid for an expedite? (Yet alone for 1 2, 3 years time line for the case?)

P.S. My father has other adult independent children in US as well.

Plz advise/ suggest. Thanks!

[courageous girl 0]

It is no use to contact the congressmen for help , it needs to start over.

To answer your question ,

1. Your father don't have to be in US to petition him but he must show that he is tied to US.

A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

He can show that by declaring that he has properties and he is temporarily in Pakistan, etc.

I'm afraid that he will have to be in US in this situation , please provide more info so we can help like his Employment status , properties..etc

2. IF he is over 21 then the processing time will be long and as you mentioned he is married and has a kid. Having your father petition him will be marginally faster ( slightly faster ) but still it will take around 10 years.

He can get his wife and his kid with him to the US , make sure to add them to the derivatives so they can get follow to join benefits.

Phillip:

In above case of option 2: can the case be expedited to 2-3 years time instead of 10 yrs if a medical condition is given, that my father needs help in US and he needs his son with his family in US? P.S.: My father has other adult children as US citizens in US as well. But can we prove that they are busy and cannot help my father, and my father just needs his son in Pakistan to be in US with him to take care of him?

Is it possible?

[Boiler 43,433]

Your Father is back in the US?

[courageous girl 0]

Your Father is back in the US?

No hes not yet! But he can go just before he should! I mean may be few months before my brother's visa is supposed to be approved? So wat are ur thoughts on this expedite scenario based on medical condition of my father?

[Boiler 43,433]

You can not expedite until the visa number is current.

When does your Father want to go back to the US?

[Phillip Kazuto 28]

Well i'm sorry to say but the case cannot be expedite , your brother is over 21 so he will be in F3 category as you see it's the 3rd preferences of family visa category and the F3 category itself subject to visa quota , you can only expedite the case when the Priority Date is current but that is not going to be fast as it's 3rd preferences.

[courageous girl 0]

Father can go back anytime. There's no restriction or limitation. As he has other children in US too! But issue is that he wants to get my brother n his family in Pakistan to US too with him!

When does a visa number becomes current? I mean, what;s the average/ generally known duration in such cases of father sponsoring married son n family?

[courageous girl 0]

Well i'm sorry to say but the case cannot be expedite , your brother is over 21 so he will be in F3 category as you see it's the 3rd preferences of family visa category and the F3 category itself subject to visa quota , you can only expedite the case when the Priority Date is current but that is not going to be fast as it's 3rd preferences.

Thanks Phillip my dear friend!

It means the attorney is just trying to get case in his hands for his fees? Because he told us that he can get case expedited in 3 years time if we give him a good medical reason!

When does Priority Date become current? If my US national handicapped father needs help from his son, cant the date become current faster? No such flexibility in the process due to medical conditions? Actually I have heard wives requesting expedites for husbands in IR category. Thats y im anxious to know.

Also I would like to understand why the attorney then said like that.

[Boiler 43,433]

Suggest you ask the Lawyer.

The cases you see have a current visa number.

[Phillip Kazuto 28]

Well let me explain a bit more

Base on December Visa bulletin , the current PD for F3 category is December 2003 so that's mean the filers from 2003 have been waiting for around 10 years to get their cases processing and get their interview.

It's 2014 now and they are processing the 2003 cases as you can see the 3rd preferences is not fast.

It's true that you can expedite the case at USCIS but it will only help reduce the approval time like from around 5-8 months to 2-3 months varies by the service centers , then after the approval the case will then transfer to NVC and at this point NVC will only process the case once the PD is nearly current or current and you cannot expedite the case at NVC without PD being current. Once the PD become current let's say you've been waiting for 10 years to get your PD current so NVC will notice to pay fees send in the document and it is likely to take around another 8-12 months to finish the case , at this point you can expedite the case so you can reduce the time to finish the case at NVC faster but only months.

Umm and regard the IR 1 expedite part , the spouses of USC can expedite their case because their category is not subject to visa quota mean that they can have their visa immediately after the case complete and pass the interview ( visa numbers always available for that category ). However your brother is in F3 so the visa numbers are not available for at least around 10 years.

Edited November 20, 2014 by Phillip Wu

[Phillip Kazuto 28]

I'm not sure why the attorney said that because you can only expedite the case with current PD so i'd suggest you ask him for clarification and use the facts that i provided above and ask him.

This is no offense but some attorneys only care about money and they tend to brag that they can reduce the processing times and it's true that for some category because visa numbers are always available as i mentioned for example IR1 CR1 but some category are subject to visa quota per year so he cannot just say like that for your brother case.

The process itself is rather easy i'd suggest you do it by yourself if you can , i've seen many people ditch their attorneys because the attorneys make things slower than usual in some cases so they can get more money.

[courageous girl 0]

Well let me explain a bit more

Base on December Visa bulletin , the current PD for F3 category is December 2003 so that's mean the filers from 2003 have been waiting for around 10 years to get their cases processing and get their interview.

It's 2014 now and they are processing the 2003 cases as you can see the 3rd preferences is not fast.

It's true that you can expedite the case at USCIS but it will only help reduce the approval time like from around 5-8 months to 2-3 months varies by the service centers , then after the approval the case will then transfer to NVC and at this point NVC will only process the case once the PD is nearly current or current and you cannot expedite the case at NVC without PD being current. Once the PD become current let's say you've been waiting for 10 years to get your PD current so NVC will notice to pay fees send in the document and it is likely to take around another 8-12 months to finish the case , at this point you can expedite the case so you can reduce the time to finish the case at NVC faster but only months.

Umm and regard the IR 1 expedite part , the spouses of USC can expedite their case because their category is not subject to visa quota mean that they can have their visa immediately after the case complete and pass the interview ( visa numbers always available for that category ). However your brother is in F3 so the visa numbers are not available for at least around 10 years.

Ok I got it.

So wives expediting cases for their husbands can get it on medical conditions because husbands fall in IR category ,and there's no quota or Priority date restrictions for IR category. But for F3 category, no matter what the medical condition or emergency on earth it is, the priority date has to be awaited for to become current! Is that right?

It means, no matter what medical condition my father has, my brother in Pakistan shall have to wait for PD to become current in usual manner (like 8-10 years) and cannot come to US before that! Plz confirm me.

Though I still wonder what the lawyer was thinking!

Edited November 20, 2014 by courageous girl

[Phillip Kazuto 28]

Yes irrespective of the type of emergency , NVC is not able to expedite the immigrant visa petition until the PD is current.