I130 immigrant petition for relative, fiance(e), or orphan

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gr3g972ny

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Hi everyone , i need some help understanding a few thing first my sister file i130 form for me back on december 12 2005 while she was permanent resident and she put her husband (american citizen) name on the application also , because he agreed to sponsor me with her anyway i did get a receipt number
and been wainting since now this year she is a us citizen and already call to upgrade her statut i would like to know what do i do from here ? im confused a bit .:confused:
 
There is nothing for you to do. Sibling of citizen case is 4th preference and they are still working on petitions filed in 1998 so you have about 7 more years to wait.
 
She should file a fresh petition. That existing one will be rejected because she was a permanent resident when it was filed, and permanent residents are not eligible to file for their siblings.
 
Jackolantern said:
She should file a fresh petition. That existing one will be rejected because she was a permanent resident when it was filed, and permanent residents are not eligible to file for their siblings.
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Exactly. The earlier petition isn't good for establishing a priority date, so every day they wait they lose another day.
 
omg i been waiting here for 4 year i was 16 when she file for me now i'm 20 basically i just waist time :mad: so if i file another application how long would it take before i can get a working permit ?
 
Work permit? Are you inside the US?

If you are inside the US and don't have legal status, you won't be able to adjust status to become a permanent resident via your sister's sponsorship. You will have to leave the US and wait for consular processing. And if you have been inside the US illegally for more than 180 days after your 18th birthday, you will be banned from the US for 3 years ... or 10 years if it's been over a year you've been in the US illegally. There is an 11 year wait for sibling green cards, so by that time the 3-year or 10-year bar would have expired.
 
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yes i have been for 4 years now but i entered the us legally when i was 16 year old that was in 2005 and while my i94 was still valid she file i130 for me and they send a receipt number
 
Too bad, your waiting has been for nothing. Even if she was a US citizen at the time the I-130 was filed, her filing cannot be used to get you a work permit and green card if you are out of status. So unless you were on a multi-year visa like a student visa, it is apparent that you have been in the US illegally for more than a year beyond age 18, and will be banned for 10 years starting the day you leave.

At this point, you would need to marry a US citizen to be eligible to obtain a green card within the US. Or given that you are still under 21, a US citizen parent could sponsor you ... but I figure if you had US citizen parents they would have already done that for you.
 
All is not lost forever ... you still have the option to leave, have your sister file the I-130 and choose consular processing, and wait outside the US for the 10-year bar to expire and the 11 year* waiting line to reach to you. But before proceeding your sister should get a consultation from a lawyer or another experienced person, because she is obviously very misguided about US immigration if she thought that she could file for you when she was a permanent resident. She needs to gain a better understanding of green card procedures and policies, otherwise she could make another mistake that costs years of waiting.


*could be much longer if you are from Mexico or the Philippines.
 
ok i will talk to her about this,1 more thing does it matter if her husband who is an american (born in the us)file for me with her because they are both my legal guardian sorry to bother with this and thanks again for taking the time and patience to reply ;) ,
im from france how long would it take for it ?
 
They legally adopted you? That could change things a lot! Why didn't you mention that before?

If one or both of them adopted you, at what age did it happen? I believe you would need to have been adopted before age 16 for them to file for you in the children under 21 category, instead of the sibling category (there is also a possible exception that allows for adoptions at age 16 or 17 to qualify).
 
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If her USC husband legally adopted you as your legal parent ... and not just your legal guardian (there is a difference ... for example, foster parents are legal guardians but not legally the parents), you would have automatically become a US citizen if the adoption occurred before age 16.

But in your case with it occurring at age 16, you're going to need to consult a good immigration lawyer to explore obscure provisions of the law and court precedents to see if there are any that would allow you to qualify as a "child" of either of them under immigration law, so you can possibly qualify as a child under 21 and obtain a green card within a year or so. Don't bother to have the lawyer process the case from end-to-end, which would cost thousands of dollars, just meet with them for an afternoon or two (maybe $150-$300/hr) to explain your situation and have them research any available exceptions that can help your situation and have them show you the relevant sections of the law or court cases. Also explore whether the I-130 already filed years ago would be valid based on all the circumstances (it could be if the USC husband is the primary sponsor) ... bring a copy of the I-130 form that was filed (if available) and I-130 receipt for the lawyer to look at. You need to act FAST because you will be 21 in less than a year.
 
Don't forget that as currently written, the law does not allow you to file an i-485 if you are an FB4 applicant, if you are out of status.
 
gr3g972ny said:
do i need my passport to file i130 again ? because mine expire while i was here
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Your sister needs her passport or natz certificate to file the I-130 for you in the brother/sister category, but your passport won't matter anytime soon, unless you need it to return to your country. Once the I-130 is filed (or even before it is filed), you have to leave the US and wait for the 10 year bar to expire, and wait for the 11-year queue to reach your case.
 
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i really don't wanna leave i got to much going on here in nyc . what if i ask my girlfriend to marry me she is born here and ok with it to marry me, we know each other since i been here is it a good idea or not ?
 
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