Help!!! What / Who to file the petition in connection to Immigration reform?

[purpleghost 1]

I asked this same question in the other thread here but I would like to seek opinions from other members too since I couldnt get one from the other thread.

From this immigration policy report, there is a section about family-based immigration quoted below and I would like to know how this might affect a sibling of USC and child of present LPR who is over 30 years old about to marry and already married.

Family-based immigration

What are the main changes to the family-based immigration system?

Petitions for spouses and children of Lawful Permanent Residents under the current family-based system will be considered immediate relatives, making them exempt from current visa caps and immediately eligible for green cards. There will no longer be an immigrant category for siblings of U.S. citizens, and visas will no longer be available to married sons or daughters of U.S. citizens who are over 30 years of age. These relatives would have to apply under the new point system or find another avenue in order to immigrate. The annual worldwide level of family-based immigrant visas will remain at 480,000 per year, minus the visas assigned to immediate relatives the previous year, but not less than 161,000 per year starting 18 months after enactment.

Does it mean that if and when the new reform is passed, LPRs can petition spouse and children of any age/married or not? Interesting to see that there will be no category for USC's siblings and married sons and daughters.

Question now is: What should be the best thing for someone who is a sibling of a USC and at the same time son/daughter of LPR who is married or about to marry to do?

[lost_at_sea 995]

I read that as meaning that married children of USCs over 30 years old can't get green cards anymore by being petitioned for by family, and neither can siblings, if that reform goes through.

It goes on to talk about the "new point system" which I hadn't realised was also being suggested (very interesting), so I assume whatever that is is how an adult married child of USC or sibling would look to immigrate. That post you links to does explain that somewhat (it sounds a lot like how Australia do their immigration with points):

This merit-based point system allows foreign nationals to obtain Lawful Permanent Residence in the United States by accumulating points mainly based on their skills, employment history, and educational credentials. At the same time, the current immigrant visa categories for siblings and adult married children of U.S. citizens, as well as the diversity visa program, are eliminated and replaced by this system.

Edited July 27, 2013 by lost_at_sea

[aleful 1,905]

I asked this same question in the other thread here but I would like to seek opinions from other members too since I couldnt get one from the other thread.

From this immigration policy report, there is a section about family-based immigration quoted below and I would like to know how this might affect a sibling of USC and child of present LPR who is over 30 years old about to marry and already married.

Does it mean that if and when the new reform is passed, LPRs can petition spouse and children of any age/married or not? Interesting to see that there will be no category for USC's siblings and married sons and daughters.

Question now is: What should be the best thing for someone who is a sibling of a USC and at the same time son/daughter of LPR who is married or about to marry to do?

read it carefully, LPR cannot file for married children, that won't change, and USC will be able to file for married children, only under 30 years of age. There is an age cap for this category.

but this is the proposal passed by the senate, which was not passed by the Representatives now all of them have to sit down and negotiate. we don't know if these modifications will be approved.

there are no changes for now, until there is an approved immigration reform

[purpleghost 1]

thanks both for your input.

That is the main reason why I am wondering that is it best that the USC file now for the siblings (category F4) to avoid a situation where if this bill is passed, these siblings wont ever be able to immigrate with the family? Only via this point-based system.

Im thinking if USC files now, they will already have a petition with the USCIS and maybe wont have it cancelled in case the reform is approved. They might clear people waiting for over 10 years away and might have it reduced to maybe 2-4 year waiting period

Am I understanding this correctly?

Edited July 27, 2013 by daikku

[aleful 1,905]

this is only for new petitions after the reform is approved.

the petitions that have already been filed will continue, the sibling can file anytime, no one knows if reduced how much.

[purpleghost 1]

this is only for new petitions after the reform is approved.

the petitions that have already been filed will continue, the sibling can file anytime, no one knows if reduced how much.

Thanks. Guess I will have them wait no further...