Bringing my wife's sister and child to the US

[larrywn 1]

Hello,  I   filed an I-130 for  my  wife  to  have her sister  join  her in  the  USA,  Its  been almost  six  years and I  have  checked on  it periodically.  I  even  was  put in  contact  with a lawyer  who  changed  me  75.00 for a consult  and  couldn't  help  me or  offer any other advice.   I  have  been told  that   it  will  take 10 years  for  her to  get  approved.  Is  this  correct.  If so,   Is  there  a way  to petition   for a different visa or  to  write a letter in  hopes  of  getting her approved.   My  wife  and I  will be  well into  our  senior years  as well as  her sister and  there no  guarantee that  it   will get  approved  especially with  the way  the word is  now.   Is  here anything or  suggestions that  I  can use to  help speed up  this process.  The lawyer  said  that  she should  try and get a tourist visa   for  the meantime and  he also  suggested  that  she become a nurse  and try to  get sponsored in  the US.  

[SusieQQQ 11,587]

Sorry to have to say this, but sibling visas for the Philippines are actually much longer: visas are currently available for petitions filed in September 2001. If you filed 6 years ago, you probably still have another 13 years or so to wait, possibly longer. There is no other family visa route unfortunately and you cannot jump the queue.  The nurse route is an option, requires her to get a bachelors degree in nursing, write the US conversion exam and find a sponsor for an employment based green card (there are agencies for this), is this feasible given her age and qualifications? Tourist visa will not allow her to live in the US.

 

 

Edited August 17, 2020 by SusieQQQ

[larrywn 1]

3 minutes ago, SusieQQQ said:

Sorry to have to say this, but sibling visas for the Philippines are actually much longer: visas are currently available for petitions filed in September 2001. If you filed 6 years ago, you probably still have another 13 years or so to wait, possibly longer. There is no other family visa route unfortunately. 

Wow,  Thank  you.  Can  I write  my congressman  to  see what he  could do?

Edited August 17, 2020 by larrywn

[geowrian 22,338]

Was she born in PH (based on your flag)? if so, the wait is much, much longer for a sibling. Check the Final Action Dates for F4 in the visa bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

People who filed in Sept. 2001 are just becoming eligible for a visa now. That was 19 years ago. In another 19 years, the wait will likely be even longer...so expect like 25+ years IMO.

 

No, there is no other family-based visa you can petition them for.

They can obtain a visa on their own if they qualify. The nurse option is a valid one...my Filipino wife knows quite a few nurses who did that. it's not "quick", but it's certainly much quicker.

[SusieQQQ 11,587]

1 minute ago, larrywn said:

Wow,  Thank  you.  Can  I write  my congrssman  to  see what he  could do?

No, it’s purely based on priority date. There is no way to jump the queue. Sorry. 
I edited my initial response to add details of the nurse route. 

Edited August 17, 2020 by SusieQQQ

[geowrian 22,338]

1 minute ago, larrywn said:

Wow,  Thank  you.  Can  I write  my congrssman  to  see what he  could do?

You can write, but there is literally nothing they can do unless they change the law.

The issue is not processing times but there are only so many F4 visas available per year, and there are many, many, many more applicants ahead of you in line. There is no way an F4 visa can be issued before a visa number becomes available.

Expedites, emergencies, etc. cannot change this.

Edited August 17, 2020 by geowrian

[larrywn 1]

2 minutes ago, SusieQQQ said:

No, it’s purely based on priority date. There is no way to jump the queue. Sorry. 
I edited my initial response to add details of the nurse route. 

ok,  Thank you.

[larrywn 1]

9 minutes ago, geowrian said:

You can write, but there is literally nothing they can do unless they change the law.

The issue is not processing times but there are only so many F4 visas available per year, and there are many, many, many more applicants ahead of you in line. There is no way an F4 visa can be issued before a visa number becomes available.

Expedites, emergencies, etc. cannot change this.

Thank  you  for  the information.  We  will  get her a tourist visa.  We  will also have to get one for her child.

[geowrian 22,338]

6 minutes ago, larrywn said:

Thank  you  for  the information.  We  will  get her a tourist visa.  We  will also have to get one for her child.

Just to clarify, she and her child will get one. You have no role in the tourist visa process (you can elect to pay for the fees and cover travel expenses, but that's separate than qualify for the visa).

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

Quote

Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

 

[SusieQQQ 11,587]

How old is your wife’s niece?

[Just Paul 4,595]

1 hour ago, larrywn said:

Wow,  Thank  you.  Can  I write  my congressman  to  see what he  could do?

They could change the law and increase the quotas.  15 / 20 years ago the republicans were for this (more immigrants) and the democrats against this.   I'm not sure who is what now  but there haven't been many changes since the 1980's.

[geowrian 22,338]

14 minutes ago, Paul & Mary said:

They could change the law and increase the quotas.  15 / 20 years ago the republicans were for this (more immigrants) and the democrats against this.   I'm not sure who is what now  but there haven't been many changes since the 1980's.

The last attempted change in this was the RAISE Act proposed by Republicans and the current POTUS. This plan eliminated the F4 category entirely.

[SalishSea 18,148]

On 8/16/2020 at 8:25 PM, larrywn said:

Wow,  Thank  you.  Can  I write  my congressman  to  see what he  could do?

What do you expect them to do?  Do you understand what numerically limited family preference visa categories are?

[SusieQQQ 11,587]

On 8/16/2020 at 9:24 PM, SusieQQQ said:

How old is your wife’s niece?

Still unanswered. This is a pertinent question as to whether your wife’s sister will actually be able to bring her daughter with.