I-130 Processing Time: USC filing for siblings

[Faraz.azeem 1]

Hi Everyone,

I am a US citizen and filed I-130 petitions for my sibings in July 2013. Its been 1.5 years with no update on the case. Both the petitions are in VSC as the receipt number starts from EAC.

I checked the processing time for it and it says tVSC is currently processing petitions from Nov 2011.

I failed to understand that the national goal for processing I-130 petitions is 5-6 months. How can they take 3 years just to approve the petition ? Then there will be additional visa wait from NVC.which is like 8-10 years.

Please, advise the best course of action.

[aaron2020 11,651]

It takes 12 years for a USC to petition for an available visa for a sibling.

Even if the I-130 was approved in 5-6 months, the approved petition would sit and wait for another 11.5 years. So, what is the priority for USCIS to approve F-4 cases in 5-6 months, when there are other cases in other categories that needs processing? The long wait for an available visa is why the US does not prioritize F-4 cases to have approved I-130s in 5-6 months.

Furthermore, does your siblings have children who will turn 21 during the wait? If yes, then the long time to approve the I-130 is a good thing since it offers children who will age out more time. The longer the wait for an approved I-130, then the better the protection under CSPA.

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My cousin filed for here sister in April 2010. The I-130 was approved in April 2012. That means two years of additional CSPA protection. We anticipate that visas will be available in 2021 or 2022. Unfortunately, she will have a child that will age out because he will turn 23 by then. If USCIS had taken 5 years to approve the I-130, then he would have 5 years of CSPA protection and would not age out until age 26.

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Believe me. You want the I-130 approval to take as long as possible if your siblings have teenage children. Leave everything alone. Don't contact USCIS to hurry up the process.

What you think is bad is actually very good under these conditions.

Edited January 19, 2015 by aaron2020

[Cathi 5,794]

The best course of action is to wait. Not really sure what else you think you can do.

[Faraz.azeem 1]

It takes 12 years for a USC to petition for an available visa for a sibling.

Even if the I-130 was approved in 5-6 months, the approved petition would sit and wait for another 11.5 years. So, what is the priority for USCIS to approve F-4 cases in 5-6 months, when there are other cases in other categories that needs processing? The long wait for an available visa is why the US does not prioritize F-4 cases to have approved I-130s in 5-6 months.

Furthermore, does your siblings have children who will turn 21 during the wait? If yes, then the long time to approve the I-130 is a good thing since it offers children who will age out more time. The longer the wait for an approved I-130, then the better the protection under CSPA.

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My cousin filed for here sister in April 2010. The I-130 was approved in April 2012. That means two years of additional CSPA protection. We anticipate that visas will be available in 2021 or 2022. Unfortunately, she will have a child that will age out because he will turn 23 by then. If USCIS had taken 5 years to approve the I-130, then he would have 5 years of CSPA protection and would not age out until age 26.

-------

Believe me. You want the I-130 approval to take as long as possible if your siblings have teenage children. Leave everything alone. Don't contact USCIS to hurry up the process.

What you think is bad is actually very good under these conditions.

Hey Thanks for the reply.

Doesn't CSPA starts from the date when the petition is approved in case of my brother's children (derivatives)?

[aaron2020 11,651]

Hey Thanks for the reply.

Doesn't CSPA starts from the date when the petition is approved in case of my brother's children (derivatives)?

No. CSPA applies when a child ages out, this triggering the need for CSPA. However, whether CSPA will help or not can only be determined when the Priority Date becomes current. Even then, the beneficiary must file within 1 year of the PD becoming current for CSPA to apply.