I-130 Sibling Question

[Khlopchik 0]

I am a US citizen (26 years old) and would like to effectually help my mother and sister (30 year old) immigrate to the US. My mother is currently working and likely is not in a position to immigrate for five or so years.

From what I understand, my mother is able to apply for permanent residency (IR5- mother of USC) at anytime and she will receive her green card immediately (once her paperwork is processed) . While my sister, would have to wait 12 or so years for her green card to be approved, having F4 priority.

So, my question is if I submit an i-130 for my sister now and then in 5 or so years my mother becomes a permanent resident, can my sister upgrade her status from F4 (sibling) to F2 (child of LPR) and keep her original priority date?

Your expertise is very much appreciated!

[aaron2020 11,651]

No. Each case will be processed based on their respective PDs.

Edited January 23, 2014 by aaron2020

[aleful 1,905]

hi

no, they cannot change petitioners, new petitioner, new petition

file for her now it won't hurt having 2 petitions at the same time

until she comes, and then files for her, which will take 7 years, your petition might come before hers

[Khlopchik 0]

Ok. Here is another question... What if my mother applied for permanent residency now (with the complete intention of permanently residing in the US), moved to the US, petitioned for my sister to become a LPR, and then returned abroad to finish her work before returning to the US (3-4 years). Would there be any issues?

Of course, I understand there may be issues when my mother tries to return to the US, but worst case scenario, she has to apply for a returning resident visa (SB-1) or simply reapply for permanent residency. But this shouldn't have much of an impact on my sister's petition, right? Or am I missing something?

Any other ideas to shorten the time my sister would have to wait to become a LPR?

[OKflyboy 35]

This will not affect your sister's petition as long as your mother does not abandon residency. She can get a reentry permit and leave for up to 2 years. It is possible to return after that and apply for another reentry permit, but the second one can be more difficult to obtain. As far as I remember, there's a limit of 3 reentry permits, for 2-2-1 years respectively.

I'd go this route. The process for you mother will take about a year, then 2 years out with the permit, and she may be ready to come stay here permanently.