I-130 Approved under F4 / changed under IR5

N

Nicecar

New Member
Hello.
I need some guidance:
My uncle filed I-130 (Brother/Sister) for my mother and this petition has been approved since 02/2010 and case was sent to NVC for Consular processing. Since then there is no update on case. I want to upgrade/port this approved I- 130 petition under mine since I am US Citizen, if i send cover letter with upgrade request to NVC along with my Naturalization Certificate and US Passport copy. Would this speed up visa issuing process? How long would it take them to issue visa at US consulate in India? Appreciate any feedback.
 
There is no "porting" from one petitioner to another. To immigrate through you (assuming you are 21 or older), you would need to file a new I-130, and the priority date of this I-130 will be the date when you filed it. It has nothing to do with the I-130 your uncle filed. Your I-130 will be in the Immediate Relative category, which has no wait for visa numbers. You guys would just need to wait for your I-130 to be approved and then it would go to NVC and the consulate for Consular Processing.
 
newacct said:
There is no "porting" from one petitioner to another. To immigrate through you (assuming you are 21 or older), you would need to file a new I-130, and the priority date of this I-130 will be the date when you filed it. It has nothing to do with the I-130 your uncle filed. Your I-130 will be in the Immediate Relative category, which has no wait for visa numbers. You guys would just need to wait for your I-130 to be approved and then it would go to NVC and the consulate for Consular Processing.
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Thank you newacct for response. I question was for "retention" of priority date.
 
Nicecar said:
Thank you newacct for response. I question was for "retention" of priority date.
Click to expand...
Like I said, No, there is never "retention of priority date" between different family-based petitioners. And the priority date of the new petition doesn't matter anyway, because there is never a wait for visa numbers in that category.
 
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