QUESTION

How long does it take to have an immigrant visa filed?

Asked on Jul 19th, 2012 on Immigration - Georgia
More details to this question:
My brother filed sometime in 2009. Also, can I bring my whole family with me? Is there any age limit regarding my siblings?
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9 ANSWERS

In what country were you and your brother born?
Answered on Jun 28th, 2013 at 10:29 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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This will depend what country you are from. However, it will take many years.
Answered on Aug 10th, 2012 at 10:29 PM

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Your question is difficult to answer because the time it takes for a sibling petition to be current depends on the country you are from. Moreover, sibling petitions are not immediate family based petitions and, as such, the time period to wait until your visa is current can be several years. As an example, the current visa bulletin for August 2012 shows that the Department of State are processing sibling petitions for China for those petitions filed January 8, 2001. If your brother filed a family based visa petition on your behalf in 2009, you are years away from having that visa petition be current.
Answered on Aug 08th, 2012 at 7:32 PM

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Filing an immigrant visa petition does not take long: it can be prepared in a day. If it is done right, it will be approved in about 1 year. Then, the real wait begins. Brothers and sisters of U.S. citizens receive 65000 visas each year; the number of people who file immigrant petitions for their brothers and sisters is much greater. So, after your brother's petition for you was approved, you got a place in the line behind all those who had their petitions filed earlier then you. Because a disproportionate majority of the petitions are filed for citizens of China, India, Mexico, and Philippines, these countries have their separate cues. Right now, the Department of State is processing immigrant petitions in this category that were filed in January-February 2001 (June 1996 for Mexico, February 1989 - for Philippines). So, if you are not a citizen of Mexico or Philippines, you can expect to wait for your visa for another 8 - 8.5 years (16 years if you are a Mexican, 23 years if you are a citizen of the Philippines). It is not clear what you mean by your "whole family": when your wait is over, and you go to the U.S. Consulate and receive your immigrant visa , your wife and unmarried children under the age of 21 can immigrate with you, but your siblings (i.e., brothers and sisters) do not get any immigration benefits from approval of the petition your U.S. citizen brother filed for you.
Answered on Aug 08th, 2012 at 7:28 PM

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It depends a bit on your country of birth but usually a sibling petition takes about 10-12 years before a visa is available. Then, you can bring with you your spouse and any children who are under the age of 21.
Answered on Aug 08th, 2012 at 2:22 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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The amount of time it takes for an immigration petition varies widely. For sibling sponsorship, the wait time is generally several years, and the sponsored immigrant's age does not matter. Google "visa bulletin" to see current processing times.
Answered on Aug 08th, 2012 at 11:24 AM

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The I-130 family based immigrant visa takes about 5 months to be adjudicated. The rest of the process and timing depends on your family member's current status and location along with previous immigration history or violation(s). If you are recipient of a family-based immigrant visa you are allowed to bring your dependents with you dependent on the visa category and relation. There is no age limi regarding sponsorship of siblings but a significant wait period. For more information on wait periods please see the visa bulletin at http://travel.state.gov/visa/bulletin/bulletin_1360.html.
Answered on Aug 08th, 2012 at 12:33 AM

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Rebecca T White
If your brother is a US citizen, and he filed an immigrant visa for you, it may be years and years before a priority date becomes current. You can review the Department of State Visa Bulletin to get an idea of likely wait times. In terms of your family, only a spouse and children would be included - not other siblings.
Answered on Aug 08th, 2012 at 12:22 AM

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Immigration Law Attorney serving Atlanta, GA
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Many details about your situation and your question are unclear, but I assume that your brother is an adult U.S. citizen who filed a Petition for Relative Alien for your benefit in 2009 in the Family-Based Fourth Preference visa category. In that situation, the U.S. citizen must be age 21 or older, but sibling beneficiaries generally may be of any age. There is a very long backlog for visas to become available in that category - most likely 10 - 15 years or longer. For this reason a petition from a U.S. citizen sibling rarely is a good immigration-related solution, and it often is worthwhile to explore other possibility eligibilities and options.
Answered on Aug 08th, 2012 at 12:14 AM

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