Question about sibling immigration

[jlea9378 2]

My wife just became a U.S. Citizen on Monday, and has already mailed out her I-130 petition for her mother who lives in Pakistan. My wife also wants to bring over her unmarried adult siblings. I know the priority dates for that would be like 10-15 years out if she applied for them herself, and like 6-10 years if her mother petitioned for them after becoming an LPR.  I'm a little confused about how the priority date thing works though. If her siblings are here legally in the country visiting, can she petition and adjust them? Or does the priority date still apply?

 

Another question would be if it would make things go any faster if she applied for her siblings now and then change it to the higher priority category when her mom becomes an LPR?

 

Thanks,

 

-Jacob.

[geowrian 22,337]

6 minutes ago, jlea9378 said:

I'm a little confused about how the priority date thing works though. If her siblings are here legally in the country visiting, can she petition and adjust them? Or does the priority date still apply?

Nope. They can only adjust status if they are (and have been) legally in the US when their priority dates become current. Overstay is not ignored in their cases.

Just as a an FYI, they cannot visit with intent to stay in the future when their PDs are about to become current.

 

6 minutes ago, jlea9378 said:

Another question would be if it would make things go any faster if she applied for her siblings now and then change it to the higher priority category when her mom becomes an LPR?

No, they are separate petitions with separate petitioners.

Both petitions can exist at the same time, and whichever one becomes current first, go with that. But it cannot be "upgraded" with a different petitioner.

 

Edit: Just an another FYI, expect 15+ years for the sibling category (F4). People who applied 13-14 years ago are just becoming eligible now, and the line only gets longer over time.

Edited April 16, 2019 by geowrian

[VNN 147]

(1) Her sister can only adjust when her visa is available so technically she can adjust but it will be after 12-15 years + she somehow stays in US at that time.

 

(2) Only applied for the same petitioner  

 

 

[jlea9378 2]

Thanks for your responses! I suspected it wasn't possible to adjust status before your "turn". Otherwise everyone would do it that way!

[Boiler 45,662]

A lot to be said for mother and daughter to both file, you can have multiple petitions.

[WeGuyGal 1,052]

16 hours ago, jlea9378 said:

My wife just became a U.S. Citizen on Monday, and has already mailed out her I-130 petition for her mother who lives in Pakistan. My wife also wants to bring over her unmarried adult siblings. I know the priority dates for that would be like 10-15 years out if she applied for them herself, and like 6-10 years if her mother petitioned for them after becoming an LPR.  I'm a little confused about how the priority date thing works though. If her siblings are here legally in the country visiting, can she petition and adjust them? Or does the priority date still apply?

 

Another question would be if it would make things go any faster if she applied for her siblings now and then change it to the higher priority category when her mom becomes an LPR?

 

Visiting requires a return home. 

 

Siblings get an immigrant visa after interviewing in Islamabad.. once a visa is available a long time from now.