i-130 Visa clarification

saanvishukla

saanvishukla

New Member
My brother is a citizen of the USA and has been for around 6 years now.

If he were to apply for an i-130 as a relative for our parents, the processing time would be around 6 to 12 months for them to receive a green card.

After they receive their green card, could they then apply for an i-130 for me (their daughter) and get me a green card within the same 6 to 12-month timeframe?
 
Your permanent resident parent can only file an I-130 for you if you are unmarried, and you remain unmarried until you immigrate (or until they become a US citizen).

An unmarried under-21 child of a permanent resident is in the F2A category, for which visa numbers are currently available for petitions filed about 2.5 years ago (or longer ago if you were born in Mexico or the Philippines). If you are close to 21 you might age out during the wait.

An unmarried 21-or-over child of a permanent resident is in the F2B category, for which visa numbers are currently available for petitions filed about 7.5 years ago (or longer ago if you were born in Mexico or the Philippines).
 
newacct said:
Your permanent resident parent can only file an I-130 for you if you are unmarried, and you remain unmarried until you immigrate (or until they become a US citizen).

An unmarried under-21 child of a permanent resident is in the F2A category, for which visa numbers are currently available for petitions filed about 2.5 years ago (or longer ago if you were born in Mexico or the Philippines). If you are close to 21 you might age out during the wait.

An unmarried 21-or-over child of a permanent resident is in the F2B category, for which visa numbers are currently available for petitions filed about 7.5 years ago (or longer ago if you were born in Mexico or the Philippines).
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Thank you so much for the detailed reply. I still need a bit more clarification. Please help.

So in this case I'm married and 44 years old with 2 children and husband. We are from India and trying to immigrate to US.

My brother is a US citizen since 6 years living there with his family. So if he applies for our parents under i-130 and get them to US... how long would it take them to get a US citizenship?

So once they (our parents) get the US citizenship they can apply for my green card under i-130 even though I'm married or not?
 
Your parents will become eligible to apply for citizenship five years after becoming LPRs if they meet both the physical and continuous residency requirements at that point. When they actually become citizens may be an additional 1 or 2 more years depending on how quickly their citizenship applications get processed.

Yes, they will be eligible to sponsor you (as their married child)for a GC at that point.
 
Sm1smom said:
Your parents will become eligible to apply for citizenship five years after becoming LPRs if they meet both the physical and continuous residency requirements at that point. When they actually become citizens may be an additional 1 or 2 more years depending on how quickly their citizenship applications get processed.

Yes, they will be eligible to sponsor you (as their married child)for a GC at that point.
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Thanks so much. It is very clear and we will reach out soon.
 
You should take a look at the visa bulletin. Married children of US citizens are in the F3 category, for which visa numbers are currently available for petitions filed more than 14 years ago (longer for people born in Mexico or the Philippines). If your brother petitions you directly, siblings of US citizens are in the F4 category, for which visa numbers are currently available for petitions filed about 16 years ago (longer for people born in India, Mexico, or the Philippines).

Given that it would take a year or two for your parent to immigrate, and then 5 years to qualify for naturalization, at least another year or two for the naturalization application (if they can even pass it), there is a good chance that your brother's petition for you filed now will have a visa number available faster. If you want to be safe, your brother can petition you now and your parent can also petition you after they naturalize. You can be a beneficiary of multiple petitions, and it is good to have a backup in case one of the petitioners dies.
 
It is possible for your parents to sponsor you for a green card after they themselves become permanent residents (green card holders), but the processing time will depend on various factors and cannot be guaranteed to be the same as their own processing time.

First, your parents must become permanent residents before they can sponsor you. The processing time for their I-130 petition will depend on factors such as the USCIS workload, the completeness of their application, and whether any additional information or documents are required.

Once your parents become permanent residents, they can then file an I-130 petition on your behalf. However, the processing time for your I-130 petition will depend on a number of factors, including the visa category you are applying under, the country of your birth, the availability of visa numbers, and any additional processing requirements.

Overall, the processing time for a family-based green card application can vary widely, and it is difficult to predict with certainty how long it will take. It is important to consult with an experienced immigration attorney who can evaluate your specific situation and provide guidance on the best course of action.
 
dysonrichard801 said:
It is possible for your parents to sponsor you for a green card after they themselves become permanent residents (green card holders), but the processing time will depend on various factors and cannot be guaranteed to be the same as their own processing time.

First, your parents must become permanent residents before they can sponsor you. The processing time for their I-130 petition will depend on factors such as the USCIS workload, the completeness of their application, and whether any additional information or documents are required.

Once your parents become permanent residents, they can then file an I-130 petition on your behalf. However, the processing time for your I-130 petition will depend on a number of factors, including the visa category you are applying under, the country of your birth, the availability of visa numbers, and any additional processing requirements.

Overall, the processing time for a family-based green card application can vary widely, and it is difficult to predict with certainty how long it will take. It is important to consult with an experienced immigration attorney who can evaluate your specific situation and provide guidance on the best course of action.
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No, her parents cannot petition her after they become permanent residents, because she is married.
 
dysonrichard801 said:
It is possible for your parents to sponsor you for a green card after they themselves become permanent residents (green card holders), but the processing time will depend on various factors and cannot be guaranteed to be the same as their own processing time.

First, your parents must become permanent residents before they can sponsor you. The processing time for their I-130 petition will depend on factors such as the USCIS workload, the completeness of their application, and whether any additional information or documents are required.

Once your parents become permanent residents, they can then file an I-130 petition on your behalf. However, the processing time for your I-130 petition will depend on a number of factors, including the visa category you are applying under, the country of your birth, the availability of visa numbers, and any additional processing requirements.

Overall, the processing time for a family-based green card application can vary widely, and it is difficult to predict with certainty how long it will take. It is important to consult with an experienced immigration attorney who can evaluate your specific situation and provide guidance on the best course of action.
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No, it is NOT possible for her parents to petition her after they become permanent residents. A LPR is not eligible to petition their married children, only a USC parent is eligible to do so.
 
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