Applying for parents based on US Citizenship and keeping old priority dates

[alloptical]

I am new to posting on this website but have been on your website for more than 4-5 years. I have read both the links that refers to family based immigration.

http://www.immihelp.com/greencard/fa...ion/index.html

/usa-immigrant-visa-process/

I am in a sort of unique position and I was wondering if you could help me navigate the situation.

Here it is,

My uncle (USC) filled petiiton I-130 in SEP 1993 for my parents based on F4 (Fourth category- brother sister relation). We recently got letter from NVC about approval and was asked to pay for $70 bio metric fees and appx. $380 for I-864 processing fees etc. We paid both fees in total (appx $800-$900) for my parents and since than the case is with NVC. They are not forwarding the file for CP, citing the reason that they haven't received tax information from my aunt (my uncle's wife). Also to add to the fury we have run into family adventure and hence both family (mine and my uncle's) are not interested in talking to each other. In the mean while, I became a USC just last week. So I was wondering is there anyway possible, that I can sponsor my parents using (or keeping) the original priority date of Sep 1993.

When called to NVC the response was to have the aunt sent the tax papers for I-864 completion.

Could you please show me some pointers on this situation or share your experiences.

Thanks a lot, in advance.
- Vim S.

[peace]

There are no priorty dates for citizens sponsoring parents. It is a different class (Immediate relatives) which is not limited by any yearly quotas so there is no wait like other family categories. Going by this category, they will get their visas in less than a year anyway. You have to file an IR (immediate relative) petition for them on form I-130.
They probably will have to cancel your uncle's petition if they want to opt for your petition.

I am new to posting on this website but have been on your website for more than 4-5 years. I have read both the links that refers to family based immigration.

http://www.immihelp.com/greencard/fa...ion/index.html

/usa-immigrant-visa-process/

I am in a sort of unique position and I was wondering if you could help me navigate the situation.

Here it is,

My uncle (USC) filled petiiton I-130 in SEP 1993 for my parents based on F4 (Fourth category- brother sister relation). We recently got letter from NVC about approval and was asked to pay for $70 bio metric fees and appx. $380 for I-864 processing fees etc. We paid both fees in total (appx $800-$900) for my parents and since than the case is with NVC. They are not forwarding the file for CP, citing the reason that they haven't received tax information from my aunt (my uncle's wife). Also to add to the fury we have run into family adventure and hence both family (mine and my uncle's) are not interested in talking to each other. In the mean while, I became a USC just last week. So I was wondering is there anyway possible, that I can sponsor my parents using (or keeping) the original priority date of Sep 1993.

When called to NVC the response was to have the aunt sent the tax papers for I-864 completion.

Could you please show me some pointers on this situation or share your experiences.

Thanks a lot, in advance.
- Vim S.

[alloptical]

Thank you for your explanation, I just called USCIS and got the same answer as you mentioned, opt out of previous I-130 and opt in new I-130. She told me that gt an InfoPass and go to the local immigration officer.

However, the reason I wanted to find out about retaining previous Priority Date (Sep 93) is to benefit my younger unmarried brother who is above 21 now and if he gets to retain previous Priority Date then, his case gets expedited, when he is beneficiary under new petition (i.e. I file I-130 as of 2006) with old Priority Date of Sep 1993. IF that haapens then he doesn't need to wait for the another 15-20 years to become eligible for immigration visa.

Don't they allow this (Transfer/Retaining of Priority Date from one approved I-140 to new I-140) in employment based case ?

Any thoughts or suggestions especially for my younger brother. Thank you,

Vim S.

[peace]

I have never heard of transfering priority dates like that. I am pretty sure it does not work like that. You will have to file an entirely new peitition for him under F4 category with no relation to the previous one.

If your uncle's peitition does not work, there are other ways to immigrate.
How old is he? Is he in India or in US? His field of work/study? Married or single?

Thank you for your explanation, I just called USCIS and got the same answer as you mentioned, opt out of previous I-130 and opt in new I-130. She told me that gt an InfoPass and go to the local immigration officer.

However, the reason I wanted to find out about retaining previous Priority Date (Sep 93) is to benefit my younger unmarried brother who is above 21 now and if he gets to retain previous Priority Date then, his case gets expedited, when he is beneficiary under new petition (i.e. I file I-130 as of 2006) with old Priority Date of Sep 1993. IF that haapens then he doesn't need to wait for the another 15-20 years to become eligible for immigration visa.

Don't they allow this (Transfer/Retaining of Priority Date from one approved I-140 to new I-140) in employment based case ?

Any thoughts or suggestions especially for my younger brother. Thank you,

Vim S.

[alloptical]

Thank you for your quick posting, I was not sure about priority date transfer in family based case so I wanted to check with, someone who is more avid reader of this forum.

I wish, they make it possible for family based case though. the reason my uncle's petition and all the hopes of last 13 years of my family will be veined since, not only that my brother was above 21 (act. he is 26) when my uncle's petition was approved last year, but also both family has now run into relationship adventure and that has made it difficult ever before, for my folks and brother to immigrate on basis of previous petition, however, I see silverlining in the fact that, now I can sponsor my folks and also my brother, but at the cost of another 13-16 years more for my brother.

What other options do you see for him, besides,
1) getting married to a USC (Will be hard in his case)
2) getting student or H1-B etc. (Almost impossible)
3) my parents sponsoring him after they became USC.

Is there any other option or hopes am I missing here ?
May be a guest worker program could bring him faster, if that is approved. But not sure how though. Let me know if anything else you can think of.

Thanks a lot,

Vim S.

[alloptical]

He is unmarried, high school graduate, in India and working in non-technology field, such as financing and brokerage.

Thanks,

Vim S.

[peace]

Yes, there is a way. But it will require work on your part to look for an employer(someone you know) who can file an EB-3 (employment category-3 Immigrant visas for "other workers" petition) for your brother.This class allows people to immigrate in an occupation that requires less than 2 years of experience. For example, waiters, construction
workers etc. But an employer has to file a petition and a labor certification is required. With premium processing these days, the petition can be approved in a short time and after the approval, there is a visa numbers wait for this category of about 5 years for India. Which I think is a lot better than F4 category.

You can start by contacting a good immigration attorney and asking ;
1.the occupations that will qualify for EB-3,(OTHER WORKERS sub-category)
and for which an employer would be easy to find.
2.how many months' experience will be required in that occupation for EB_3 filing.

Once you know the occupation(s), you can ask amongst your
friends for an employer who would be willing to file. Another place is the INDIA ABROAD website where they advertise jobs and some are willing to file visas for occupations in high demand.

If he gets married during the wait period in India, his family will also be eligible to get immigrant visas based on the petition.

He is unmarried, high school graduate, in India and working in non-technology field, such as financing and brokerage.

Thanks,

Vim S.

[alloptical]

Great, So it basically comes down to finding some one who is willing to sponsor him and he is willing to answer questions (English/non English) during interview and there is no such requirements as minimum education level.

Even, if I find some one to sponsor him and employ him, the major hurdle then would be his English (verbal) capacity to clear the interview ? Can the officer reject his petition on the basis that he has limited English ability ?

From what you suggested, the way forward seems to me is

1)
EB3 Other category (5 year route)
and/or
F4 Category (15 years)

Does it matter (for the sake of approval and not rejection) which petition should be first ?

2)
How about trying a visitor visa, first and then, Let's say, IF he gets visitor visa, and then once he is here, I can file for his, I-130 (Basically - F4).

What are the probability of getting visitor visa since I am a USC now, and further, if he is rejected for visitor visa does that have any negative influence on his EB3 or F4 petition.

thanks a lot.
Vim S.

[peace]

I guess you can have both EB-3 and F-4 petitions under process at the same time.
THey do not have an english language requirement for the petition. But when the time comes for the issuance of visa at the embassy, my thinking is the interviewing officer may want to be convinced that he has managable english skills to work in US.Even if he learns broken english in the 5 years of EB-3 wait, it will do.

I am sorry, a visitor visa for your brother would be impossible to get. A Visitor visa absolutely requires non-immigrant intent but your bro's
situation has all the ingredients of a potential immigrant;
Young, Single, Not educated, US citizen brother in US to help him,
and to top it all, an immigrant petition filed on his behalf by his uncle that
shows immigrant intent.

Great, So it basically comes down to finding some one who is willing to sponsor him and he is willing to answer questions (English/non English) during interview and there is no such requirements as minimum education level.

Even, if I find some one to sponsor him and employ him, the major hurdle then would be his English (verbal) capacity to clear the interview ? Can the officer reject his petition on the basis that he has limited English ability ?

From what you suggested, the way forward seems to me is

1)
EB3 Other category (5 year route)
and/or
F4 Category (15 years)

Does it matter (for the sake of approval and not rejection) which petition should be first ?

2)
How about trying a visitor visa, first and then, Let's say, IF he gets visitor visa, and then once he is here, I can file for his, I-130 (Basically - F4).

What are the probability of getting visitor visa since I am a USC now, and further, if he is rejected for visitor visa does that have any negative influence on his EB3 or F4 petition.

thanks a lot.
Vim S.