Bringing sister to the USA

[damarcus 0]

Hi,

June this year I finished the I-130 petition for alien relative, and sent it to USCIS. I'm petitioning for my sister living in Sweden.

In September they reviewed the application, in mid-October I got a I-797C notice of action who told me the form I-130 had been transferred to Vermont service center for further processing.

And now we're waiting. After approval the form will be sent to National visa center, and they will be waiting in line for a visa number become available. What I wonder is, how long does this immigration process take? They live in Sweden, I guess Sweden doesn't have so much people standing in line for immigrating to the US.

Another notice, her son is 17 by now. He's turning 21 (limited age for child dependents) in 2016. What if the process will take longer than 2016? He can't join then?

Thanks

[Harpa Timsah 13,258]

Have you looked up the visa bulletin? A visa for a sister is going to take about 10 years. While there is a cap on visas if too many people are trying to immigrate (over subscribed they call it), the people from countries who have less immigration don't get to go first. everyone is treated equally until a country is oversubscribed. It'll still be about 10 years.

[hmh33 117]

She is in for a long wait.

http://www.travel.state.gov/visa/bulletin/bulletin_5803.html

Sweden is lumped in with every other country apart from China, India, Mexico and the Philippines.

Visa numbers are currently available for petitions submitted on or before March 2001. That doesn't necessarily mean a 12 year wait for your sister, but it's in that ballpark.

I'm not sure about her son - CSPA may be relevant.

To improve their chances of being able to immigrate sooner, both your sister and her son should enroll in the Diversity Visa lottery each year (unfortunately they just missed this year's application window). It's free to apply through the official website.

[aleful 1,905]

Hi,

June this year I finished the I-130 petition for alien relative, and sent it to USCIS. I'm petitioning for my sister living in Sweden.

In September they reviewed the application, in mid-October I got a I-797C notice of action who told me the form I-130 had been transferred to Vermont service center for further processing.

And now we're waiting. After approval the form will be sent to National visa center, and they will be waiting in line for a visa number become available. What I wonder is, how long does this immigration process take? They live in Sweden, I guess Sweden doesn't have so much people standing in line for immigrating to the US.

Another notice, her son is 17 by now. He's turning 21 (limited age for child dependents) in 2016. What if the process will take longer than 2016? He can't join then?

Thanks

the wait is over 10 years, almost 12 years. check the F4 thread. it may take years for the i130 to be approved, since it takes a very long time, so it may not be possible for her son to come

[damarcus 0]

Thanks for all the answers! Seems a little boring for have to wait so long. A lot of things can happen in 10 years.

I have just two question left, there is absolutely no chance this case could take less time than the average?

Is CSPA available in this case category, for her son?

Anyway, thanks

[NigeriaorBust 4,087]

The timeline for family based petitions are based on visa limits and how many peoplpe are in line ( and how many decide not to accept when they get to the fromt of the line ) Many things can happen in 10 years including changes in immigration laws which could speed things up or limit/eliminate the catagory all together. The son will most definately age out and then your sister would have to petition as an unmarried adult. But in 10 years your sister may opt out herself.

[damarcus 0]

Okay, now I know this process will take a very long time. In the I-130 petition for alien relative, I mentioned my sister's son in the column "List of husbands/wife's and all children of your relative". I know by now my sister can't search for a visa during process. My question, can her son search for a nonimmigrant-visa/student visa/another visa in general? Or is he tied to this application like my sister?

[jaycali 415]

Okay, now I know this process will take a very long time. In the I-130 petition for alien relative, I mentioned my sister's son in the column "List of husbands/wife's and all children of your relative". I know by now my sister can't search for a visa during process. My question, can her son search for a nonimmigrant-visa/student visa/another visa in general? Or is he tied to this application like my sister?

They can both apply for visas in the meantime. They have not applied for any visa yet. The I-130 is not a visa application, it's a petition for them to eventually be able to apply for a visa.

Swedish citizens do not need a visa to visit the US for up to 90 days. Unless they have criminal and/or negative immigration history, they can fill out ESTA online and hop on a plane using the visa waiver program. I sincerely doubt they would be denied entry based on a pending sibling I-130.

As for student visas, I also sincerely doubt he'll have too much trouble. Unless he has some troubled legal history, the US embassies in Scandinavia generally do not give applicants a hard time for student visas. I know the Stockholm and Oslo embassies are both very actively trying to encourage more Scandinavian students to study in the US.

Edited November 30, 2012 by Jay Jay

[Penguin_ie 5,996]

JayJay is correct, both your sister and her son can apply for any other visas they wish, or visit you on the visa waivere program.

[damarcus 0]

I know my sister's son is interested in attending college here in the US (start in 2014). There's absolutely no risk for him to apply for a student visa? Despite mention him in the I-130 "list of children/spouses"? Just want to be 100% sure.

What happens if our I-130 application reaches the front of the line, and they're called for interview (in Sweden)+ medical examination, while he's here studying/eventually working?

[Noah Lot 391]

I know my sister's son is interested in attending college here in the US (start in 2014). There's absolutely no risk for him to apply for a student visa? Despite mention him in the I-130 "list of children/spouses"? Just want to be 100% sure.

What happens if our I-130 application reaches the front of the line, and they're called for interview (in Sweden)+ medical examination, while he's here studying/eventually working?

there is zero chance that your I-130 is suddenly going to bubble up to the 'front of the line.' That line is more than 10 years away...why? Because the F4 category has the least amount of visas allocated to it, and there are no shortages of siblings around the world waiting to immigrate each year, but only a small percentage of them can. Congress is not likely to change any laws or policy on or in this category (some legislators are contemplating doing away with this category entirely)....

[Boiler 46,124]

The son is going to be nearly 30 by the time his Mother's petition comes up.

[jaycali 415]

Sweden is a very low fraud country. Adding him as a beneficiary on that I-130 will not ruin his chances of getting an F-1 visa. Period.

Also, he won't be immigrating for another 10 years or so. If he is still in school by then, he can always jump on a plane back to Stockholm for the interview.