What is the purpose of preference categories?

[Earl Fox 0]

My Mom and two sisters (19 and 5 years old) are LPR and we going to fill I-130 for me (I was aged out child I has 1 days not enough for complying with CSPA, because my Mom is immigrant on DV-2011 basis, and I am 22 now)

I am going to fill i130 as soon as possible. I am trying to find an information about how to calculate, how much years I need to wait if my I-130 application will be approved.

One of my wonders is concerning USCIS statement which I found on their web-site

Immigrant visas available to “immediate relatives” of U.S. citizens are unlimited, so are always available.

1. Somebody calculated for me that based I have to wait around 8 years for my visa to become available, but I have no idea on basis of what such predictions was made. For me it is unclear - how I use Visa Bulletin information for finding out when my queue will be due, and what is deadline for me to fill i130 to not lose year of line (I don't know what is base years or months for Quantity of Visas).

2. I don't understand why that person predicted my waiting time as 8 years, including the availability of petitioning as U.S. citizen, isn't it? Let's assume that yes I have to wait around 6-8 years to get my visa number available, but what if at the period of awaiting visas my Mom / Sister will become U.S. citizen? As immediate relative of U.S. citizen there's no quotation, right? So doesn't it means that in this case it will bring me to U.S. faster?

2.1. What if my Mom or Sister will be "naturally" married (I don't suggest them to do that for me) for example next year, does it means that they will become U.S. citizens faster?

Thanks!

[Brother Hesekiel 2,236]

Deleted because of mistake.

Edited December 8, 2011 by Brother Hesekiel

[Brother Hesekiel 2,236]

You are an immediate relative (IR) of your mom, but not your sisters.

If your mom is a DV-2011 winner, she will become a US citizen in 2016. With her as the sponsor, you are in the F1 Preference Category. Provided she files an I-130 petition for you at least 5 months before she naturalizes, you will have to wait another 7+ to19 years until you can immigrate to the U.S from that point on (!).

Your sisters cannot petition for you until they become U.S. citizens themselves. Then they can file the aforementioned I-130 in your behalf. Your preference category is F4. Waiting time would be between 10-1/2 and 23-1/2 years, depending on what country you are from.

http://travel.state....letin_5603.html

[NigeriaorBust 4,087]

Slightly wrong you are the adult son of either an LPR or someday a USC

If you are the UNMARRIED son of an LPR you are class F2B but you must stat unmarried until here

If you are unmarried son of a USC you are a F1 if you marry you are an F3 and to your sister you are an F4

Assuming you are not for the Philipipines or Mexico or India or China

F1 is jul 04

F2b is Aug 03

F3 is Sep 01

F4 is Jun 00

for the filing dates they are currently processing

So if you file today in F2b and thign move one month per month you would get a visa in about 8 years

If you marry you that petition is dead .

If your mom becomes a USC you can jump classes if it improves your timeline

F1

[Earl Fox 0]

Slightly wrong you are the adult son of either an LPR or someday a USC

If you are the UNMARRIED son of an LPR you are class F2B but you must stat unmarried until here

If you are unmarried son of a USC you are a F1 if you marry you are an F3 and to your sister you are an F4

Assuming you are not for the Philipipines or Mexico or India or China

F1 is jul 04

F2b is Aug 03

F3 is Sep 01

F4 is Jun 00

for the filing dates they are currently processing

So if you file today in F2b and thign move one month per month you would get a visa in about 8 years

If you marry you that petition is dead .

If your mom becomes a USC you can jump classes if it improves your timeline

F1

Great! Does it mean that if I file i-130 it becomes global for all categories. I knew all the preference categories, but I didn't understood how does it works. So it means that once my mom becomes USC, I can use the dates of F1 without filling another application, right? (it means that jumping from one preference category to another during application existence will inherit new, better preference category, for i-130 application right?)

What happens if my mom will for some reason lose GC status? Will I at least have opportunity use F4 preference category of Mom's application for 2011 or application die with applicant's status/death?

If your mom becomes a USC you can jump classes if it improves your timeline

So if we take getting USC by my Mom for granted, then I should hope for 7 years thru F1 right? (but of course I understand that 6 years later immigration rates could increase and it will be more waiting even for immigrants of F1 category)

Edited December 8, 2011 by Earl Fox

[Earl Fox 0]

So if we take getting USC by my Mom for granted, then I should hope for 7 years thru F1 right? (but of course I understand that 6 years later immigration rates could increase and it will be more waiting even for immigrants of F1 category)

at this rates I really start digging about cryonics because if I gonna die at 60, then I at least should freeze my 22's in order to live in U.S. the rest of my remained 38 years instead of 30 years remaining in case if I don't use cryonics. I suppose in this case U.S. consulate would be the first global organization who would commercially market cryonic services to the masses. "Future in U.S. now possible with US, fill your application today, to wake up in future 2018 U.S. tomorrow"

Edited December 8, 2011 by Earl Fox

[Earl Fox 0]

I have difficulties finding out the difference of F2A and F2B

[Penguin_ie 5,996]

Yes, once your mom becomes a USC, she can upgrade the petition.

If your mom looses her greencard status, the petition dies. It cannot be transfered, your sister would need to file a separate petition for you once they become USC.

F2A is for the spouses and minor kids (under 21) of greencard holders. F2B is for adult unmarried kids (over 21) of greencard holders.

[kzielu 1,149]

What happens if my mom will for some reason lose GC status? Will I at least have opportunity use F4 preference category of Mom's application for 2011 or application die with applicant's status/death?

Petition dies.

[NigeriaorBust 4,087]

You can have 2 petitions open for you. One based on your mom which would be ther faster one most of the time and another by a USC sibling just in case something happens to your moms ability to be the path to the US for you. In some cases if your mom becomes a USC it is actually a bad thing to jump classes and that is an option also to stay with the original LPR based class.

[Earl Fox 0]

it is actually a bad thing to jump classes

but why?

and another by a USC sibling just in case something happens to your moms ability to be the path to the US for you

is there way to fill petition from sibling which can potentially become USC in 5 years, or there's no way to do it? It means that my sister will be able to fill petition only when she will become USC?

2.1. What if my Mom or Sister will be "naturally" married (I don't suggest them to do that for me) for example next year, does it means that they will become U.S. citizens faster?

Does my Mom will get her USC faster if she gets married?

If you marry you that petition is dead .

I am not going to get married, but its interesting doesn't divorce in this case will work?

[JimVaPhuong 4,863]

It can sometimes be bad to be promoted to a higher preference class because some preference classes have a longer backlog than others in some countries. Look at the F2B category in the current visa bulletin for the Philippines, for example:

http://www.travel.state.gov/visa/bulletin/bulletin_5603.html

An F2B is an unmarried adult son or daughter of a green card holder. The current cutoff date for an F2B in the Philippines is August 15, 2001, which means anyone whose petition was filed before that is eligible to apply for a visa. Now, let's presume that the petitioner becomes a US citizen and has the petition upgraded to F1 - unmarried adult son or daughter of a US citizen. The cutoff date for an F1 in the Philippines is March 1, 1997. The beneficiary would have just moved back in line about four years. In this case it would be bad to promote the F2B to an F1. The beneficiary can (and should) ask that the original visa category be retained.

Only a US citizen can submit a petition for a sibling. A green card holder can't submit a petition for sibling, even if they know they're going to become a US citizen in the future. If that were possible then everyone would be submitting petitions for their entire family the day they get their green cards just so they could reserve the priority dates. The law requires that the petitioner be eligible to submit the petition on the date that they send the petition to USCIS.

If your mom had originally gotten her green card through marriage to a US citizen then she'd be eligible to apply for citizenship three years later. She's already got a green card, so she can't accelerate obtaining US citizenship by getting married now.

A beneficiary must be eligible for the visa at the time the petition is filed. A beneficiary who is divorced at the time the petition is filed is considered "unmarried". On the other hand, a beneficiary who is married when the petition is filed would not be eligible for an F2B, even if they got a divorce before their priority date was current. Likewise, a beneficiary who marries after the petition is filed will no longer be eligible for an F2B. A petition is automatically revoked under Title 8 of the United States Code, section 205.1, if the beneficiary of an immediate relative or family preference visa category for unmarried sons and daughters is married at any time between the time the petition is filed and the time the beneficiary is admitted to the United States as an immigrant.