Does birthplace matter for i130?

[Sean John 0]

Hello

Like the title says, wanted to see if it helps to have been born in a country that doesn't have a long wait time for an i130 application for a sibling of a USC. I wanted to apply for my brother who is of Indian origin, but was born in the United Arab emirates and currently resides in Canada. He is able visit us but I would like for him to join us here since he is the only sibling who was left behind due to crossing 21 years. 

Or there is another way I can bring him over permanently? 

 

Thank you

[Crazy Cat 39,340]

A sibling of US Citizens visa category is F4.  Those who had I-130s filed for them  in 2005 are just now eligible for visa numbers.  Under the current pace, It would take about 15 years if filed now.

[Sean John 0]

3 minutes ago, Crazy Cat said:

A sibling of US Citizens visa category is F4.  Those who had I-130s filed for them  in 2005 are just now eligible for visa numbers.  Under the current pace, It would take about 15 years if filed now.

Thanks, so you are saying country of birth does not matter. I was asking because I heard other visa categories consider it, for example h1b etc. 

[SusieQQQ 11,584]

13 minutes ago, Sean John said:

Hello

Like the title says, wanted to see if it helps to have been born in a country that doesn't have a long wait time for an i130 application for a sibling of a USC. I wanted to apply for my brother who is of Indian origin, but was born in the United Arab emirates and currently resides in Canada. He is able visit us but I would like for him to join us here since he is the only sibling who was left behind due to crossing 21 years. 

Or there is another way I can bring him over permanently? 

 

Thank you

Birth determines country of  chargeability  so he will be UAE. It is a small benefit over India, still long 

1 minute ago, Sean John said:

Thanks, so you are saying country of birth does not matter. I was asking because I heard other visa categories consider it, for example h1b etc. 

it does matter 

[Crazy Cat 39,340]

2 minutes ago, Sean John said:

Thanks, so you are saying country of birth does not matter. I was asking because I heard other visa categories consider it, for example h1b etc. 

As UAE, it might be a couple years sooner.   Yes, it matters for F4..

Edited May 9, 2022 by Crazy Cat

[Sean John 0]

2 minutes ago, SusieQQQ said:

Birth determines country of  chargeability  so he will be UAE. It is a small benefit over India, still long 

it does matter 

Thanks, so he would fall under all others with a date of march 2007. Appreciate the response. Any other ideas on categories he could apply in or any categories that might be more beneficial coming from Canada? 

[SusieQQQ 11,584]

If he’s educated or skilled he can look for a work visa or employment based green card. He’s still born in UAE so not sure what you mean by ”coming from Canada”. If he is a Canadian citizen and works in a qualifying category he can look at TN visas.

[Sean John 0]

2 hours ago, SusieQQQ said:

If he’s educated or skilled he can look for a work visa or employment based green card. He’s still born in UAE so not sure what you mean by ”coming from Canada”. If he is a Canadian citizen and works in a qualifying category he can look at TN visas.

Right, that's what I meant, he is a Canadian citizen but not in any profession that would qualify for a TN visa, so exploring options. 

[From_CAN_2_US 1,097]

19 hours ago, Sean John said:

Right, that's what I meant, he is a Canadian citizen but not in any profession that would qualify for a TN visa, so exploring options. 

The only advantage a Canadian citizen has visa wise over people from other countries is the TN visa. No other immigrant visa would benefit from being a Canadian citizen.