I-130 Petition for Sibling

[ahmedbin11 0]

Question regarding Petition for Alien relative USCIS I-130 ....


Q1) My sister in Texas. If my sister file my petition via online tool/portal. Which service center it will process it ? (like California or Texas)


Q2) If She applied at any center and see long queue of application, may she request to transfer my Petition application to other center where petition load is less ?
 

[HRQX 4,145]

1 hour ago, ahmedbin11 said:

If my sister file my petition via online tool/portal. Which service center it will process it ?

Won't know until it's filed. The service center is not based on residence.

1 hour ago, ahmedbin11 said:

Q2) If She applied at any center and see long queue of application, may she request to transfer my Petition application to other center where petition load is less ?

No; such request cannot be submitted.

 

USCIS balances workload based on it's sole discretion.

1 hour ago, ahmedbin11 said:

Question regarding Petition for Alien relative USCIS I-130 ....

Are you currently outside of the US? Note that the sibling category can take more than 14 years. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Edited August 15, 2021 by HRQX

[ahmedbin11 0]

Thanks for the quick reply... 2 more questions...

 

if I have 2 Siblings in USA (bother and sister) and shall both apply for I-130 petition ? if yes then it is good weight (vlaue in term of less processing time )  for my petition ?

 

Second Question:

If I hire a lawyer in USA. May my lawyer expedite my case or not ?

[HRQX 4,145]

2 minutes ago, ahmedbin11 said:

If I hire a lawyer in USA. May my lawyer expedite my case or not ?

Nope. You cannot apply for the IV before your PD is Current. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

4 minutes ago, ahmedbin11 said:

if I have 2 Siblings in USA (bother and sister) and shall both apply for I-130 petition ?

Multiple I-130 petitions do not speed up petition processing time. Plus, as mentioned above the Priority Date (PD) is what ultimately matters.

 

But multiple I-130 petitions should still be filed as an "insurance policy."

7 minutes ago, ahmedbin11 said:

(vlaue in term of less processing time )  for my petition ?

For potential derivative children a longer I-130 processing time is actually more preferable because of the CSPA calculation. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

[SusieQQQ 11,586]

1 hour ago, ahmedbin11 said:

Thanks for the quick reply... 2 more questions...

 

if I have 2 Siblings in USA (bother and sister) and shall both apply for I-130 petition ? if yes then it is good weight (vlaue in term of less processing time )  for my petition ?

 

Second Question:

If I hire a lawyer in USA. May my lawyer expedite my case or not ?

The only reason to have two siblings apply would be if you think one of them might pass away during the process. 
 

The way it works is this: the date someone files a petition for you is called your priority date. You cannot, by law, get a visa before your priority date is “current” (this means there are visas available for petitions filed on or before the priority  date of your petition).  For most countries it takes about 15 years to get a sibling visa, because there are a couple of million people in the queue and they can only issue a certain maximum (again set by law) every year. Nothing a lawyer can do is going to be able to change the laws that govern when a visa will be available to you.

 

 

Edited August 15, 2021 by SusieQQQ

[ahmedbin11 0]

Agreed that they (US Immigration) do load balance depend upon need.

But When you check procession time of some service center and it is very less then other. I attached image... in that you see Texas has 5 months. So what is this? 

[SusieQQQ 11,586]

28 minutes ago, ahmedbin11 said:

Agreed that they (US Immigration) do load balance depend upon need.

But When you check procession time of some service center and it is very less then other. I attached image... in that you see Texas has 5 months. So what is this? 

The processing times at uscis do not matter for how fast you can get a visa. The priority date matters. If uscis finishes processing faster all that means is that you have a longer wait at NVC waiting for your priority date to get current. 

[Chancy 6,241]

1 hour ago, ahmedbin11 said:

When you check procession time of some service center and it is very less then other.

 

Those processing times fluctuate from month to month.  Besides, as already mentioned, they don't matter much in determining total wait time for F4 visa.  In fact, the "best" scenario that you should hope for is that the petition gets assigned to the slowest service center, to give the beneficiary's children more CSPA protection from aging out.

 

Edited August 15, 2021 by Chancy
clarification

[SusieQQQ 11,586]

Rather than looking at processing times, you should be looking at the visa bulletin (already linked above by HQRX). You’ll see that for most countries, F4 visas are currently only available for cases filed before 22 March 2007 (and even earlier for india, Mexico and Philippines). 

 

[nastra30 2,288]

8 hours ago, ahmedbin11 said:

Agreed that they (US Immigration) do load balance depend upon need.

But When you check procession time of some service center and it is very less then other. I attached image... in that you see Texas has 5 months. So what is this? 

USCIS processing timeline should not be what you should be concentrating on, honestly. You should be looking at the processing timeline from the visa bulletin perspective. Regardless of which USCIS service center your I-130 petition goes to, it will likely be approved way before a visa number becomes available to you. Meaning once USCIS approves your petition, it will languish at NVC for possibly 15+ years before you get a visa based on F4 category.

[JeanneAdil 6,539]

are your siblings US citizens?

[ahmedbin11 0]

Yes my brother and Sister are US Citizen...

[NigeriaorBust 4,087]

  For petition approval you want the center to be slow.   That way there is a greater chance that your children will come with you.   People that filed 15 years ago are now at the front of the line.  That line has gotten bigger over those years.  IF the rules stay the same it may be much longer for you.  If that happens and you have children you can only get them to come along until they are 21  but there is a special rule that allows them to pad that time for the amount of time it takes to go from being accepted to the USCIS approval.  So it the petition sits for 2 years  the are "21"  until their 23rd bithday.  

[bondy88 6]

On 8/16/2021 at 1:15 AM, NigeriaorBust said:

  For petition approval you want the center to be slow.   That way there is a greater chance that your children will come with you.   People that filed 15 years ago are now at the front of the line.  That line has gotten bigger over those years.  IF the rules stay the same it may be much longer for you.  If that happens and you have children you can only get them to come along until they are 21  but there is a special rule that allows them to pad that time for the amount of time it takes to go from being accepted to the USCIS approval.  So it the petition sits for 2 years  the are "21"  until their 23rd bithday.  

California Service Center is the slowest with F4 category. They are taking their merry time to process siblings i130s--usually close to 12 years mark. Thanks for the info about the special rule for aging out children. Although the rule you mentioned might be helpful if someone have children, but what about the risk of your i130 being denied after pending for 10 years at the california service center for whatever reason, that'd sure be devastating bcz of losing the priority date. I'd rather have an i130 approved and pending at NVC than pending at USCIS , children or no children.

 

Edited May 10, 2022 by bondy88

[Boiler 45,651]

Why would it be denied?