Form 1-130 question

[dhcrusoe 0]

Hi all,

A quick (hopefully!) question about Form I-130, the petition for alien relative. My wife and I would like to submit a petition for her brother, who resides in a different city.

Question 22 of the I-130 reads: "Complete the information below is your relative is in the United States and will apply for the AOS"

So, as he is (Seattle), I assume we need to complete the question. Ok, cool.

The next line reads: "Your relative is in the US and will apply for AOS to that of a lawful permanent resident at the USCIS office in" ... and the form provides us with two lines for CITY and STATE, or CITY and COUNTRY.

I assume (want to confirm, please) that we use HIS city and state, rather than our city and state for this question, as prior threads seem to indicate some confusion on this point.

Thanks!

-DC

[Morganalmonshid94 84]

Siblings cannot adjust their status they will have to go back to their country to do a medical and interview and for most countries it takes up to 7+ years for siblings, just so you know . Is he here on a visitors visa, illegal, etc. ?

[dhcrusoe 0]

Siblings cannot adjust their status they will have to go back to their country to do a medical and interview and for most countries it takes up to 7+ years for siblings, just so you know . Is he here on a visitors visa, illegal, etc. ?

Hmm -- he's the sibling of a (recent) citizen - so you're saying that the I-130 won't work in this instance? It seems to indicate that it can?

-DC

[Morganalmonshid94 84]

Yes she can do a I-130 for her brother but he cannot adjust his status while in the U.S. This option is only for spouses of U.S. citizens, plus the wait time for siblings is very long like I said several years . She can go ahead and file it to get it started but he will be waiting for a while .

[belinda63 2,981]

Visa numbers are only immediately available for immediate relatives of US citizens. As a sibling he will fall into the F4 category and have to wait for a visa number to become available. Current processing dates are here http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html Assuming he is not from Mexico or the Philippines a visa number will not be available for about 12 years.

She will begin the process by filing the I-130. When it is received it will be assigned a priority date. That will determine when a visa will become available for his category. When his priority date is coming close to being current processing on the petition will continue. He will only be able to file to adjust status when his priority date is current and if he is legally in the US at the time. Otherwise he will process in another country.

[aleful 1,905]

hi

as stated

siblings take over 12 years, and cannot adjust status in the US, and if he leaves, unless there is an immigration reform, he will be subject to a 10 year ban

there are no waivers for siblings

[dhcrusoe 0]

hi

as stated

siblings take over 12 years, and cannot adjust status in the US, and if he leaves, unless there is an immigration reform, he will be subject to a 10 year ban

there are no waivers for siblings

Yikes. So, he IS from Mexico (looks like ~18 years!) and in the US legally on a TN-2 visa. It looks like this just isn't a viable option at the moment... would filing, and then living and/or leaving LEGALLY, still result in the ban?

Thanks for all your help, everything, this is excellent (BTW)

-DC

[aleful 1,905]

Yikes. So, he IS from Mexico (looks like ~18 years!) and in the US legally on a TN-2 visa. It looks like this just isn't a viable option at the moment... would filing, and then living and/or leaving LEGALLY, still result in the ban?

Thanks for all your help, everything, this is excellent (BTW)

-DC

hi

Yeah, Mexicans are around 20 years

if he leaves before the visa has ended and he has never lived illegally in the country no, but he would need to leave and wait the process in Mexico, once is his visa is up.

[dhcrusoe 0]

hi

Yeah, Mexicans are around 20 years

if he leaves before the visa has ended and he has never lived illegally in the country no, but he would need to leave and wait the process in Mexico, once is his visa is up.

Yikes... thanks!