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Dv versus family based immigration

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samyoussef

Registered Users (C)
My brother added me for a family based immigration for more than 9 years ago and also I'm DV winner. My question is:
If I failed to got theDV visa, I will still keep the opportunity of Family- based immigration or not.
Also I have second question,
The waiting times for the family based immigration doesn't have limitation, because I heard that is you wait for moe than 12 year from the addmission date, they must deal with your file as a priority regardless the current admission date.
 
Sibling visas can take over 20 years to get current depending on where you are from. If I understand your second point correctly it's wrong, there is no automatic 12-year rule after which they have to process you. If you look at the visa bulletin, the earliest priority date they are processing currently for sibling visas is November 2001. And these do not always move forward each month but sometimes do not move and are even sometimes subject to retrogression. There are only 65000 sibling visas per year available, and apparently the waiting list is currently nearly 2.5m people. Most articles taik about 12 years as a minimum wait time for a visa number, so maybe someone saw that and got confused?

Also bear in mind that if your petitioner passes away your case becomes invalidated.


We also had a family based visa in process when we won DV, and that case number has disappeared from the USCIS tracker. I never followed it up because obviously we didn't need it anymore anyway, but do recall seeing somewhere that if you get your DV visa they delete/void the existing petition, which makes perfect sense of course. I don't know what the situation is if you are just selected rather than actually have a visa in hand - I'm not sure when our previous case number disappeared.

Also, if this immigration reform ever gets passed, sibling visas will fall away. I'm not sure what that would mean for petitions already in the system.
 
Last edited by a moderator:
So, who can I make sure that if i get my DV visa they delete/void the existing petition. This will be done if I just selected or actually have a visa in hand
 
samyoussef said:
So, who can I make sure that if i get my DV visa they delete/void the existing petition. This will be done if I just selected or actually have a visa in hand
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You don't need to do anything or inform anyone about anything. If you're successful with the DV application, USCIS will eventually reconcile your files, a notice will be sent out to your brother, the petitioner for your family based application, by USCIS that that particular application is being denied. This notice of course has no impact of your already approved DV based GC.

On the other hand, after you activate your LPR status by entering the US, your brother can contact USCIS and request to withdraw the application. This should only be done after you get to the US though.
 
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