I-130 Petition For Married Son - Petition filed 16 years ago

[bosco89 0]

My Father was granted citizen in 1993 and filed for petition for my brother in the Philippines that same year. The petition was approved but USCIS had not communicated since they sent the petition approval letter. My Father served as a Philippine Scout. My brother is married with two children when my father petitioned them and his situation has not changed. My dad submit the petition in National City CA but moved to Seattle long time ago. We would like my brother to immigrate here as soon as possible because my dad 's health is not that well.

Just wondering if there are families that has the same situation as ours. Also, if anyone can give us advice or feedback how I can help my brother expedite his immigration here in the US. Any help will be appreciated. Thank you!

[YuAndDan 153]

Got a little more time to wait.

Family 3th, PHILIPPINES 01JUN91

http://travel.state.gov/visa/frvi/bulletin...letin_4417.html

USCIS may have approved the I-130, it was sent to NVC and is now waiting for a visa number, NVC is issuing numbers to petitions filed for Philippines married children from June 91.

Correction F3 not F4 class.

Edited January 21, 2009 by YuAndDan

[aaron2020 11,651]

There is no way that your brother's case can be expedited. Your brother has to wait another 2-3 years before immigration visas will become available to him, his wife and his unmarried children under the age of 21.

If your father is not alive at the time that your brother and his family enters the US on immigration visas, they will not be able to enter. The visas would be revoked. That is how the system works. Sorry.

Your father needs to write to the National Visa Center (NVC) and give them an update of his new address in Seattle (otherwise how would NVC know where to contact him).

[bosco89 0]

Got a little more time to wait.

Family 3th, PHILIPPINES 01JUN91

http://travel.state.gov/visa/frvi/bulletin...letin_4417.html

USCIS may have approved the I-130, it was sent to NVC and is now waiting for a visa number, NVC is issuing numbers to petitions filed for Philippines married children from June 91.

Correction F3 not F4 class.

YuAndDan,

Thank you for your information! Based on the date they are processing, my brother has two more years of waiting before he and his family can move in the US? His daughter will turn 21 years old soon. Will she be able to move with my brother when the time comes?

Is there any families that has similar situation as ours that was able to expedite their immigration?

[Kez/JWolf 6]

Got a little more time to wait.

Family 3th, PHILIPPINES 01JUN91

http://travel.state.gov/visa/frvi/bulletin...letin_4417.html

USCIS may have approved the I-130, it was sent to NVC and is now waiting for a visa number, NVC is issuing numbers to petitions filed for Philippines married children from June 91.

Correction F3 not F4 class.

YuAndDan,

Thank you for your information! Based on the date they are processing, my brother has two more years of waiting before he and his family can move in the US? His daughter will turn 21 years old soon. Will she be able to move with my brother when the time comes?

Is there any families that has similar situation as ours that was able to expedite their immigration?

There is no way to expidite your brothers visa, he has to wait until a visa becomes available to him. If your father dies before that visa is available then sadly your brother and his family will no longer be eligible for a visa based on your fathers sponsorship.

[aaron2020 11,651]

Your brother's soon to be 21 years old daughter may be able to go. The Child Status Protection Act (CSPA) may benefit her. It's impossible for me to give you a guess whether it will help or not because we don't know when your brother will get his visa. Furthermore, we need to know how long your brother's case was pending approval.

For the F3 family immigration category which your brother is in, the CSPA rule is; CSPA age = (Real Age) - (Time case pending approval)

The time case pending approval is the time between the date USCIS/INS received the I-130 application from your father (a.k.a. Priority Date) and the time your brother's case was approved. After approval, your brother's case went to the National Visa Center (NVC) to wait for an available visa.

Hope that helps.

[bosco89 0]

Your brother's soon to be 21 years old daughter may be able to go. The Child Status Protection Act (CSPA) may benefit her. It's impossible for me to give you a guess whether it will help or not because we don't know when your brother will get his visa. Furthermore, we need to know how long your brother's case was pending approval.

For the F3 family immigration category which your brother is in, the CSPA rule is; CSPA age = (Real Age) - (Time case pending approval)

The time case pending approval is the time between the date USCIS/INS received the I-130 application from your father (a.k.a. Priority Date) and the time your brother's case was approved. After approval, your brother's case went to the National Visa Center (NVC) to wait for an available visa.

Hope that helps.

Thank you all for information you have shared to me!