Filing For Sibling Question

[Bobbi_Smith]

Hello Everyone,

I have a few questions about potentially filing for my siblings:

1.) I am not yet a citizen of the U.S. so I'm wondering if I have to be to file for my siblings? Or if I can do it when I get my Green Card?

2.) My siblings are currently in the U.S.. We entered in 2006 but overstayed our visas. So will that help the process be faster?

3.) I've read that the average time it takes for siblings to get papers is 10 years. Is this typically the case?

4.) Could my siblings get citizenship through me? Or just a Green Card?

5.) Is it even worth the money and long process to file for them? Or would they be better off just waiting until they get married and file through a U.S. spouse?

Any additional information you have on this would be much appreciated!

Thank you all.

[longee94]

[QUOTE=Bobbi_Smith;n737326]

I have a few questions about potentially filing for my siblings:

1.) I am not yet a citizen of the U.S. so I'm wondering if I have to be to file for my siblings? Or if I can do it when I get my Green Card?

If I am reading the family-based categories correctly, only US citizens can file for siblings. Green card holders are limited to spouses and sons and daughters.

2.) My siblings are currently in the U.S.. We entered in 2006 but overstayed our visas. So will that help the process be faster?

My understanding is that overstays are only forgiven for spouses of US Citizens.

3.) I've read that the average time it takes for siblings to get papers is 10 years. Is this typically the case?

Check the DOS visa bulletin for current priority dates.

.) Could my siblings get citizenship through me? Or just a Green Card?

I believe they would have to get a green card and file for naturalization AFTER you have become a US citizen.

[R78]

1. You cannot sponsor anyone till you become a citizen.
2. You can file for I-130 right away. Upon approval, you need to wait for approximately 13-21 years to even apply for I-485 as this category (F4) has the least priority.
3. Per the latest Visa bulletin, 13 yrs for all, except India-15yrs, Mexico-21yrs, Philippines-19yrs
4. Only greencard. They will then need to fulfill all obligations of the greencard (for 5yrs after receiving it) to be eligible for citizenship. They will file their own application for naturalization.
5. Your choice. The cost per I-130 application is $600 if filing without any attorney (not needed unless its a very complex case).

[Mrsf86]

You need to be a US citizen to file for your siblings. My sister filed for me in 2012. My I130 was JUST approved this year. I still have to wait for my date to be current. The PD is 2006. That is 6 years out and I've already been waiting 8 years. They can not stay here and wait. If they overstay they can get banned. I never over stayed, I've been in legal status since I've been here since 2006. I did all 3 degrees here including my doctorate, then opt, now H1B. I now have an approved I140 for EB2NIW and pending I485. Consult a lawyer. Your siblings have overstayed and that will make their cases much more difficult.

[newacct]

If they leave now, they will trigger 10-year bans which will be long over by the time a visa number becomes available for them (13+ years later).

If your siblings are unmarried, another options is to petition your parent to immigrate as soon as you become a citizen. Parents are in the Immediate Relative category with no wait for visa numbers, so it should only take a year or so for them to immigrate. As soon as they enter the US, they can petition your unmarried siblings (their unmarried children) to immigrate, in the F2B category, which has shorter waits than the F4 category for siblings. However, your parent would have to be willing to remain in the US as permanent residents, and your siblings would have to remain unmarried (there is no category for married children of permanent residents).

[Bobbi_Smith]

newacct my parents have been here since 2006 and have overstayed their visas. I've heard overstays are only forgiven through marriage based immigration? So that might not be an option? They also don't speak good English which would be another issue. Thank you for your input.

[Mrsf86]

Overstays don't matter for spouses or parents if US citizens as far as I understand.

Not legal advice

[newacct]

newacct my parents have been here since 2006 and have overstayed their visas. I've heard overstays are only forgiven through marriage based immigration? So that might not be an option? They also don't speak good English which would be another issue. Thank you for your input.

People in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) do not need to be in status to do Adjustment of Status in the US, and it doesn't matter how long they overstayed; they just have to have entered legally. So your parents should definitely do Adjustment of Status as soon as you become a citizen.

As for your siblings, they can't do AOS when out of status and so must do Consular Processing abroad. Leaving the US will trigger a 3/10-year ban if they have accrued 180 days/1 year of unlawful presence. What visa did they enter on? Do they have DACA? (if so, at what age did they get it?)

[Bobbi_Smith]

newacct no, they don't have DACA, but are planning on trying to get it soon.

[newacct]

newacct no, they don't have DACA, but are planning on trying to get it soon.

What visa did they enter on? When did their I-94 expire?