Advice-Sister USC apps.

iiilkb

Registered Users (C)
My sister is about to get her citizenship.

My question is when she does, can she apply 130, 485 and 765 for me all at the same time?

Thanks all.
 
My sister is about to get her citizenship.

My question is when she does, can she apply 130, 485 and 765 for me all at the same time?

Thanks all.

I'm sure others with more experience and knowledge will answer, but from what I see on the USCIS website and Visa Bulletins (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html) the category you would be in would be Family Based - Fourth Preference:
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

And right now the fourth preference is looking like having priority dates of somewhere from 1995 to 1997 (unless you're from the Philippines - 1986).

This means that she can file a I-130 for you, but you can't file the I-485 until your priority date is current which is looking like 11-13 years from now.
 
No she can not.

First of all, you file I-485, and the rest... those forms are for the alien to file... not the petitioner... but you can not file those until your priority date (from an I-130 or I-140 petition) is current.

She can only file the I-130 for you, but it will take most likely 15-18 years until your priority date becomes current.
 
And filing the I-130 or even getting it approved does not give you any legal status within the US. You have to wait outside the US for the entire 10-15 years until your priority date becomes current, unless you have some other valid status like H-1 or F-1.
 
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