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  • Green card as sibling

    Hi

    I need your help on a couple of doubts on the subject "Bringing Siblings to Live in the United States as Permanent Residents".

    I got a sister, that is an American citizen, so that she could apply for a green card for me.

    The question is, once the proccess is successfull and the green card is approved, which can take a lot of years, how many time will I have to enter the USA before it expires?

    Another one, in case the proccess is successfull and the green card is approved, whether I decide to not go to the USA at that time and it expires, will I be able to renew it? Or even be able to go through all the proccess of getting it again?

    Thank you in advance.

  • #2
    After a visa number becomes available for your category and priority date, you can go through consular processing to receive an immigrant visa. The immigrant visa will usually be valid for 6 months, and you can enter any time during the period of validity. If you decide not to immigrate right away, you can decline to go through consular processing right away, and call NVC at least once a year to keep your petition alive, and you can immigrate later, at least unless and until Congress decides to remove the F4 (sibling) category.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      After a visa number becomes available for your category and priority date, you can go through consular processing to receive an immigrant visa. The immigrant visa will usually be valid for 6 months, and you can enter any time during the period of validity. If you decide not to immigrate right away, you can decline to go through consular processing right away, and call NVC at least once a year to keep your petition alive, and you can immigrate later, at least unless and until Congress decides to remove the F4 (sibling) category.
      You said "until Congress decides to remove the F4 (sibling) category"... Is there anything for real going on that direction or it's just epeculation due to Trump's positions on that matter?

      Comment


      • #4
        Originally posted by rpccontato View Post
        You said "until Congress decides to remove the F4 (sibling) category"... Is there anything for real going on that direction or it's just epeculation due to Trump's positions on that matter?
        You never know until it happens.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          You never know until it happens.
          For sure.

          I got more questions if you don't mind:

          I have two kids, today they are 12 and 2 years old. Considering that the process of Green Card as sibling take around 10 years, my kids will be 22 and 12.

          1- In this scenario, how will this happen for my 22 year old son? Will I be able to bring him along with me to US, or I will need to go first to US and then start a different process for him?
          2- Still considering the scenario above, whether I don't need to start a different process for my 22 year old son, can he go to US first without me or we need to go everybody at once?

          Thank you.

          Comment


          • #6
            The wait for visa numbers in the F4 category is currently about 13 years (or about 20 years for people born in Mexico and 24 years for people born in the Philippines).

            Under CSPA, the length of time the I-130 petition is pending will be subtracted from a child's age for determining whether they age out. So for example, if it takes 3 years for the I-130 to be approved, the child does not age out until 24. So the longer the I-130 takes, the better. It's impossible to predict how long it will be pending in your case. To take advantage of CSPA, the immigrant must seek to acquire the visa within one year of it becoming available.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              The quickest way for you to immigrate to the United States is by marriage to a US citizen

              If your sister is committed to bringing you here she should set you up with her friends

              Comment


              • #8
                Originally posted by inadmissible View Post
                The quickest way for you to immigrate to the United States is by marriage to a US citizen

                If your sister is committed to bringing you here she should set you up with her friends
                Thats inadmissible, I am already married here in Brazil.

                - - - Updated - - -

                Originally posted by newacct View Post
                The wait for visa numbers in the F4 category is currently about 13 years (or about 20 years for people born in Mexico and 24 years for people born in the Philippines).

                Under CSPA, the length of time the I-130 petition is pending will be subtracted from a child's age for determining whether they age out. So for example, if it takes 3 years for the I-130 to be approved, the child does not age out until 24. So the longer the I-130 takes, the better. It's impossible to predict how long it will be pending in your case. To take advantage of CSPA, the immigrant must seek to acquire the visa within one year of it becoming available.
                On the link below it states that CSPA only applies to immediate relatives of the petitioner. Is that true?

                https://www.uscis.govhttps://www.imm...ction-act-cspa

                Comment


                • #9
                  Originally posted by rpccontato View Post
                  On the link below it states that CSPA only applies to immediate relatives of the petitioner. Is that true?

                  https://www.uscis.govhttps://www.imm...ction-act-cspa
                  No. On the right it has the Preference Classifications (i.e. family-based and employment-based categories).

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment

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