QUESTION

I already have a pending I130 petition at the California Service center. Can I file another I130 at another Center?

Asked on Sep 12th, 2019 on Immigration - Texas
More details to this question:
My sibling, a US citizen, filed the I130 petition for me in 2013 with the California USCIS. Is it possible for them to file another I30 petition for me at another service centre having shorter processing time?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You can file another I-130 petition at a service center other than California if you live in the jurisdiction of the Texas Service Center. However, you should not do so if you have the receipt of filing since that means that the petition has a priority date and is in line to be processed. You would begin a new priority date if you file the new I-130 petition and lose whatever time you have acquired with the first petition. In addition, it generally does not matter how long a service center holds onto a sibling I-130 case unless the adjudication is not made by the time that the priority date is reached for visa availability. The current waiting time is approximately 12 years, and it should not matter whether a service center completes the adjudication in one year or seven years as the immigrant will have to wait approximately 12 years to immigrate anyway. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Oct 10th, 2019 at 6:07 PM

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