Who is a better sponsor father or brother?

trc2010

New Member
I filled i130 for my sister few years ago.
Currently she is in the usa on the F1 visa.
My father became a citizen a year ago.
I was told that it is better when father sponsors his daughter then her brother?
Should my dad file another i130 for her? Is there any special process for it or he can just file and nothing else needs to be done? Some people tell me stories that if the father files the years she waited would be counterd towards new application and it would faster via the father?
 
Father would be faster from time of filing petition. But I don't think your father's petition can use your petition's priority date, since it's a different petitioner.

Unless she is under 21, the fact she is in the U.S. doesn't matter. If she is under 21, her father should petition her and she can file for Adjustment of Status right now immediately, concurrently with the petition.

If she has turned 21, under her father she would be in either category F1 (unmarried adult child of U.S. citizen) or F3 (married adult child of U.S. citizen). F1 currently has a wait of 7 years (more for Mexico and Philippines); F3 currently has a wait of almost 11 years (more for Mexico and Philippines). Under her brother, she would be in category F4 (sibling of U.S. citizen), which currently has a wait of 12.5 years.

By the time her priority date is current, she will probably not be in the U.S. anyway, so she will probably have to go through Consular Processing.
 
She is over 21. She is not married but has a child. Seems like its worth to fill another i130?
Is it worth for her to stay legal as a F21 student. Studying until the visa is available would be so hard.
 
I would go for Brother if he is old enough and is financially secure. Please answer my thread question
 
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