Need advice (I-130 for sibling not processed after more than 10 years)

[Castrum 1415 1]

Hi everyone, I’m looking for an honest advice. I am a naturalized U.S. citizen who applied for my brother in early October 2013 (Rest of the World category, we are European). I have received a receipt number but to this date the form has not been processed. It was assigned to California Service Center which according to USCIS website currently processes 80% of these forms within 49 months. His form is now 126 months old. As of last year, the USCIS website allows the inquiries being posted if the case is outside of processing time. However, I have not even received a reply to this inquiry sent last October and instead I received a referral number for the inquiry which is “not yet assigned for processing”. So not only is the I-130 form is long overdue, but I cannot even get the timely reply to the inquiry as to why it is taking so long. 

 

I am well aware of monthly Visa Bulletin and that this F4 category cutoff date is currently sitting at 6/8/2007 with table B indicating March of 2008. However, in the light of not being able to receive any information as to the status of I-130, what would be your recommendation at this time.

 

Do I attempt to call the USCIS center (I’ve done this in the past when my own green card process was taking place and remember it to be not really helpful, i.e., being told the same information I can see online on “My Case Status” page)?

 

Do I hire immigration lawyer simply to inquire as to when his I-130 will finally be processed and can they really help with this? Is it worth it?

 

Do I continue sitting and waiting and hope that the form is not lost somewhere and pray it does not get further delayed once F4 category gets closer to October 2013?

 

Any other thoughts/recommendations? 
 

 

Things to consider - he is currently back in the home country but was still in the US on the student visa when I initially applied in 2013. He left the country in good order and did not overstay his visa. I don’t even know if that makes any difference (where he was at the time of application vs now) but figured to add for clarification. 
 

Thank you in advance for any thoughtful reply.

[OldUser 6,636]

They're not processing I-130 simply because they know no visa is available for him for another 5 years or so.

 

Instead they're focusing on immediate relatives (minor kids, parents and spouses of US citizens) plus people who filed several years before 2013.

Edited April 6 by OldUser

[appleblossom 2,483]

3 minutes ago, OldUser said:

They're not processing I-130 simply because they know no visa is available for him for another 5 years or so.

Yep, this. 

 

Although I’d put it at at least 10 years rather than 5 - currently June 2007 on the VB (6.5 years from the OP’s PD). But it’s also only moved forwards 3 months in the past two years. So unless things suddenly speed up it’ll be a heck of a lot longer IMO.  

[Redro 4,611]

No rush to approve the I130 because nothing will happen for several years if it is approved now… 

Is your brother eligible to apply for the DV lottery?

Quite a few people will try that route while waiting because the backlog is so big.

IIRC @SusieQQQ was petitioned by a family member but still went the DV route. they are now citizens and I think the family petition is still pending or was approved after they had moved to the US. 

[SalishSea 17,819]

1 hour ago, Castrum 1415 said:

according to USCIS website currently processes 80% of these forms within 49 months.

Please learn about the visa bulletin.  The form processing is not applicable in your case.  Sibling visas are taking like 20 years.

[Castrum 1415 1]

Thank you everyone for your replies, this is the reassurance (if that’s a good word) I needed to hear. 
 

@appleblossom  @OldUser Yes, it is distressing that the movement is even slower over the last couple of years. It’s like nothing is being done for this category at all. 
 

@Redro Thank you for the words of encouragement as well. Yes, he does play visa lottery, but it is a lottery, right? 🙂 Most won’t get it. 
 

@SalishSea I’m well aware of VISA bulletin and processing times. The reason I asked this question is because it is frustrating for multiple reasons.  For starters, were you aware that years ago, California Service Center claimed it was processing I-130 form for this category (US citizens applying for siblings) with the date listed as 6/2011? Then it started going backwards…it was 5/2011, then 2010, 2009. Last I remember was May 2009 several years ago before they redesigned their site. I did not know it was possible to go back in time? 
 

Take a hypothetical scenario: Jim applies for brother and the case is randomly moved to Nebraska Service Center in 2020. Because this center is not swamped, his brother’s I-130 is processed in 2023. Meanwhile, Bob applied for his brother in 2013, the case is assigned to California Service Center where it sits for 10+ years. He cannot even get the reply on the inquiry as to why the case is outside of processing times (that the website now allows). He is now wondering if the form’s been lost somewhere. Yes, both beneficiaries will ultimately have to wait years for visa to be available, but one at least has been approved in a timely fashion even though his brother applied years after Bob’s?  
 

I don’t think this is fair, but maybe that’s just me. 
 

 

 

[milimelo 4,477]

I applied for a sibling in 2010 and did two I-865 as I moved (no I-864 was ever filed) - after the second one I received approval - also from CSC. Sibling is still in the waiting pattern as visa not available. No kids involved so fine with this. 

 

If your sibling is married and has children, this length of time until approval of the petition will be beneficial. 

[appleblossom 2,483]

30 minutes ago, Castrum 1415 said:

Take a hypothetical scenario: Jim applies for brother and the case is randomly moved to Nebraska Service Center in 2020. Because this center is not swamped, his brother’s I-130 is processed in 2023. Meanwhile, Bob applied for his brother in 2013, the case is assigned to California Service Center where it sits for 10+ years. He cannot even get the reply on the inquiry as to why the case is outside of processing times (that the website now allows). He is now wondering if the form’s been lost somewhere. Yes, both beneficiaries will ultimately have to wait years for visa to be available, but one at least has been approved in a timely fashion even though his brother applied years after Bob’s?  
 

I don’t think this is fair, but maybe that’s just me. 

 

Service centre isn't likely to have anything to do with it, it would take a long time wherever it was sent because other categories that do have visas available to them are prioritised. And it's not outside normal processing times until the PD is one year before the date on the VB, which is why your enquiries have been ignored thus far. 

 

As @milimelo has said, most people want their I-130's to take as long as possible if they are in a family based preference category. Somebody whose I-130 was approved in a year won't be able to take their dependent children with them, whereas your brother probably could (if he has any). So others who had their I-130 approved quickly may think you've been far luckier than them!

Edited April 6 by appleblossom

[OldUser 6,636]

26 minutes ago, Castrum 1415 said:

 I don’t think this is fair, but maybe that’s just me. 

It's miraculous USA has a category for siblings. Most countries don't.

Edited April 6 by OldUser

[SalishSea 17,819]

1 hour ago, Castrum 1415 said:

Thank you everyone for your replies, this is the reassurance (if that’s a good word) I needed to hear. 
 

@appleblossom  @OldUser Yes, it is distressing that the movement is even slower over the last couple of years. It’s like nothing is being done for this category at all. 
 

@Redro Thank you for the words of encouragement as well. Yes, he does play visa lottery, but it is a lottery, right? 🙂 Most won’t get it. 
 

@SalishSea I’m well aware of VISA bulletin and processing times. The reason I asked this question is because it is frustrating for multiple reasons.  For starters, were you aware that years ago, California Service Center claimed it was processing I-130 form for this category (US citizens applying for siblings) with the date listed as 6/2011? Then it started going backwards…it was 5/2011, then 2010, 2009. Last I remember was May 2009 several years ago before they redesigned their site. I did not know it was possible to go back in time? 
 

Take a hypothetical scenario: Jim applies for brother and the case is randomly moved to Nebraska Service Center in 2020. Because this center is not swamped, his brother’s I-130 is processed in 2023. Meanwhile, Bob applied for his brother in 2013, the case is assigned to California Service Center where it sits for 10+ years. He cannot even get the reply on the inquiry as to why the case is outside of processing times (that the website now allows). He is now wondering if the form’s been lost somewhere. Yes, both beneficiaries will ultimately have to wait years for visa to be available, but one at least has been approved in a timely fashion even though his brother applied years after Bob’s?  
 

I don’t think this is fair, but maybe that’s just me. 
 

 

 

I really don’t see your issue, since the petition approval is not in any way aligned with visa availability.   The wait time is the wait time regardless.

[Castrum 1415 1]

5 hours ago, appleblossom said:

 

Service centre isn't likely to have anything to do with it, it would take a long time wherever it was sent because other categories that do have visas available to them are prioritised. And it's not outside normal processing times until the PD is one year before the date on the VB, which is why your enquiries have been ignored thus far. 

 

As @milimelo has said, most people want their I-130's to take as long as possible if they are in a family based preference category. Somebody whose I-130 was approved in a year won't be able to take their dependent children with them, whereas your brother probably could (if he has any). So others who had their I-130 approved quickly may think you've been far luckier than them!

@appleblossom @milimelo  Thank you guys, that’s helpful and puts things into perspective. He has no kids. I guess it’s a waiting game at this point. 

[Castrum 1415 1]

5 hours ago, OldUser said:

It's miraculous USA has a category for siblings. Most countries don't.

 
Yes, in the light of all the illegal immigration and tolerance for open borders, I should be ever so impressed that the U.S. educated legal immigrants have to wait 20 years to get their turn. It really is a miracle, isn’t it? 

[appleblossom 2,483]

38 minutes ago, Castrum 1415 said:

 
Yes, in the light of all the illegal immigration and tolerance for open borders, I should be ever so impressed that the U.S. educated legal immigrants have to wait 20 years to get their turn. It really is a miracle, isn’t it? 

There’s no educational requirement for family sponsorship. And far more people get the opportunity to immigrate via family sponsorship than the poor illegal immigrants who risk their lives for the same opportunity that your brother has an easy (albeit lengthy) route to. 

[Boiler 45,470]

1 hour ago, Castrum 1415 said:

@appleblossom @milimelo  Thank you guys, that’s helpful and puts things into perspective. He has no kids. I guess it’s a waiting game at this point. 

Minor children when the PD becomes current can be included.

 

Ditto any Spouse at the time.

 

Actually it is good that he does not have any children now as they are more likely to be included.