I130 approved for Sister - next steps?

[apgk 0]

I am US citizen and filed I-130 for my sister and her family who currently reside in India.

Below is the timeline -

USCIS received I130 - 3/12/2011

USCIS approved I130 - 01/29/2015

I am trying to figure out what are the next steps - when would my sister and her family be able to get the immigrant visa?

Her son is 14 years old today - is there a risk that he will turn 21 and they would still be waiting in line for the visa? What are the implications of this happening?

[aaron2020 11,651]

I am US citizen and filed I-130 for my sister and her family who currently reside in India.

Below is the timeline -

USCIS received I130 - 3/12/2011

USCIS approved I130 - 01/29/2015

I am trying to figure out what are the next steps - when would my sister and her family be able to get the immigrant visa?

Her son is 14 years old today - is there a risk that he will turn 21 and they would still be waiting in line for the visa? What are the implications of this happening?

Next step is to wait patiently for the next 8-9 years until the NVC contacts you.

Look at the latest Visa Bulletin. Currently, those with PDs before April 15, 2002, are eligible for visas. So, probably another 9 years before your sister's family can apply for visas.

Since it took about 3 years, 10 months, and 17 days to approve the I-130, then that is how much extra time your nephew has after age 21 for CSPA to help him. If he turns 24, 10 months, and 17 days before the PD becomes current, he will age out and not be able to immigrate with his mother.

[NancyNguyen 1,657]

F4 visa takes at least 13 years to get visa number. 2011 + 13 = 2024, your nephew will be 23 or 24 by then. Your waiting time of approval was almost 4 years. Based on CSPA, 24 - 4 = 20, your nephew should be able to go with whole family. Good luck.

[NancyNguyen 1,657]

It is still a long waiting, so everything is just a guess. Visa bulletin is really difficult to predict, especially for another decade. So only faith is your friend.

[apgk 0]

Thanks for the information.

My sister and nephew have 10 year multi-entry visitor visa for US and will be coming over to US on visitor visa this summer.

Is it possible to file for their I-485 adjustment of status when they are here on visitor visa?

[aleful 1,905]

hi

no, they cannot adjust status since there are years of waiting for a visa to become available and they would have to be legally in the country all those years, which a visitor visa doesn't allow

they can visit but never overstay

[aaron2020 11,651]

Thanks for the information.

My sister and nephew have 10 year multi-entry visitor visa for US and will be coming over to US on visitor visa this summer.

Is it possible to file for their I-485 adjustment of status when they are here on visitor visa?

No. Having visitor visas does not let them skip the line. They still have to wait until the PD is current before they are eligible to apply for visas or an AOS.

If they overstay, they will not benefit from your petition.