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Posted

It's been a while since the last time I was here. We did the visa journey 5 years ago when I came to the states and have since gotten a citizenship. I'd like to bring my sister and her kids from the UK to live here. One of her daughters is 19. If I file now will still be eligible when they process their application?

What will change with the new Immigration Bill as far as siblings are concerned?

Also, I own a business here in the states. Would I be able to bring my sister as an employee on a work visa? I run a European spa and my sister is an aesthetician with European qualifications?

Thank you very much in advance for any advice you may have.

December 2003- love at first sight

September 2004- moved in together (working in Kosovo)

September 2005- moved to Abu Dhabi UAE (two year contract)

August 2007 -got the ILR for Scott (British Embassy in Abu Dhabi)

September 2007- moved to London

May 7th 2008- I-130 sent DCF London

May 10th 2008- email received, date of filing May 9th

July 23rd 2008 - RFE

July 24th 2008- all the requested documents mailed to the embassy ( affidavits from 3 friends/family, one from my husband, previous marriage certificate, some photos etc etc)

July 29, 2008 - APPROVED

Aug 2nd 2008 - Packet 3 received

Aug 4th 2008 - DS-230 and checklist mailed to the embassy

Aug 6th 2008 - Medical at Knighstbridge Doctors

Aug 14th 2008 - Packet 4 received

Aug 22nd 2008 - Interview

Posted

The current wait time for F4 preference (sibling of a US citizen) is approximately twelve years. You cannot petition for your nieces and nephews, your sister would need to petition for them on her own behalf whenever she was finally able to immigrate to the US. The current wait time for F2B (unmarried children of LPRs over the age of 21) is approximately eight years, so it would be approximately twelve years for your sister and twenty years for her children, from now.

I believe the immigration legislation that just passed the Senate eliminated the F4 preference, but I haven't read the final draft so I'm not completely sure on that.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Country: Vietnam (no flag)
Timeline
Posted

It takes about 12 years for a US citizen to petition a sibling. Children who turn 21 years old during the wait may not be able to immigrate with mom. The 19 years old will definitely age out. Once mom immigrates to the US, she can file for unmarried children. For an unmarried child over 21, it would be 8 years.

The new immigration bill eliminates the the ability to petition a sibling. Immigration reform may not pass or the bill can be changed, so it's impossible to tell you what might happen.

To get a work visa for your sister, you would need a Labor Dept certification where you would provide proof that your business could not find a US worker and therefore needed to bring in the talent from abroad. It will be next to impossible for you to claim that your business could not find a qualified aesthetician in the US.

Posted

Thank you!

December 2003- love at first sight

September 2004- moved in together (working in Kosovo)

September 2005- moved to Abu Dhabi UAE (two year contract)

August 2007 -got the ILR for Scott (British Embassy in Abu Dhabi)

September 2007- moved to London

May 7th 2008- I-130 sent DCF London

May 10th 2008- email received, date of filing May 9th

July 23rd 2008 - RFE

July 24th 2008- all the requested documents mailed to the embassy ( affidavits from 3 friends/family, one from my husband, previous marriage certificate, some photos etc etc)

July 29, 2008 - APPROVED

Aug 2nd 2008 - Packet 3 received

Aug 4th 2008 - DS-230 and checklist mailed to the embassy

Aug 6th 2008 - Medical at Knighstbridge Doctors

Aug 14th 2008 - Packet 4 received

Aug 22nd 2008 - Interview

Filed: FB-4 Visa Country: India
Timeline
Posted

The New Immigration bill is going to eliminate the siblings category after 18 months of the enactment of the bill. Meanwhile you can go ahead and file the petition for your sister now. Even if the bill is passed into law, your sister will also be considered for the merit based category immigrant visa..

Good Luck..good.gif

Filed: Timeline
Posted

The New Immigration bill is going to eliminate the siblings category after 18 months of the enactment of the bill. Meanwhile you can go ahead and file the petition for your sister now. Even if the bill is passed into law, your sister will also be considered for the merit based category immigrant visa..

Good Luck..good.gif

Do you think the new law will pass that ban USC to apply for their siblings, you mentioned of 18 months period, can you send me a summary of this bill I can not find it ? Thank you

Filed: FB-4 Visa Country: India
Timeline
Posted

Do you think the new law will pass that ban USC to apply for their siblings, you mentioned of 18 months period, can you send me a summary of this bill I can not find it ? Thank you

CIR Bill Summary

The bill is passed in the Senate and it has to go through the House before making it to the US president to sign it to become a Law..

Good Luck.

Posted

Section 2307. Allocation of Immigrant Visas


Family-Sponsored Visas. Eighteen months from the date of enactment, the allocation of immigrant visas will be amended as follows: (1) the cap on immigrant visas to adult unmarried sons and daughters will be 35 percent of the worldwide family-sponsored level; (2) caps on immigrant visas for married sons and daughters of U.S. citizens who are 31 years of age and under at the time of filing will be 25 percent of the worldwide family-sponsored level; (3) caps on immigrant visas for unmarried sons and daughters of legal permanent residents will be 40 percent of the worldwide family-based level. This section strikes the availability of immigrant visas for siblings of U.S. citizens.



Goodbye F4 visa


Filed: Timeline
Posted

CIR Bill Summary

The bill is passed in the Senate and it has to go through the House before making it to the US president to sign it to become a Law..

Good Luck.

Thanks Visa Grant,

I read about this - looks like this will take a while since it has to be passed through the House which looks to me by January 2014 . To my knowledge the proposal will not be accepted just for the fact that this will allow illegal immigrant to be more attracted to US by thinking lets stay here one day they will pardon us and we all going to be citizens. Republicans are drafting their own proposal and I think they will fight . Another point I read on this bill is they will bar PR to file for their spouses and children... though challenge.

Filed: F-2A Visa Country: Russia
Timeline
Posted

Thanks Visa Grant,

I read about this - looks like this will take a while since it has to be passed through the House which looks to me by January 2014 . To my knowledge the proposal will not be accepted just for the fact that this will allow illegal immigrant to be more attracted to US by thinking lets stay here one day they will pardon us and we all going to be citizens. Republicans are drafting their own proposal and I think they will fight . Another point I read on this bill is they will bar PR to file for their spouses and children... though challenge.

They were going to remove the limits for spouses and minor children of LPRs. Meaning no wait for visa number, just like immediate relative of a USC.

When I read the draft a couple of months ago, I noticed a line that I understood like they were going to allow dependents (minor children) of immediate relatives of USCs to come on derivative visas. Maybe that line did not make it into the final draft. About time someone up there figured out that leaving minor children behind thousands of miles away is not an option, though.

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

Filed: FB-4 Visa Country: India
Timeline
Posted

Section 2307. Allocation of Immigrant Visas

Family-Sponsored Visas. Eighteen months from the date of enactment, the allocation of immigrant visas will be amended as follows: (1) the cap on immigrant visas to adult unmarried sons and daughters will be 35 percent of the worldwide family-sponsored level; (2) caps on immigrant visas for married sons and daughters of U.S. citizens who are 31 years of age and under at the time of filing will be 25 percent of the worldwide family-sponsored level; (3) caps on immigrant visas for unmarried sons and daughters of legal permanent residents will be 40 percent of the worldwide family-based level. This section strikes the availability of immigrant visas for siblings of U.S. citizens.

Goodbye F4 visa

First - The Senate Bill is not pased - In other words, there's a good chance that nothing is going to change....the F4 category will not be eliminated..tongue.png

Second - There is Section 2305 before this..

Section 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives

This section amends the definition of `immediate relative' to include a child or spouse of an alien admitted for lawful permanent residence. This allows for the automatic conversion to immediate relative designation for pending petitions filed on behalf of a spouse or child of a lawful permanent resident.

This section provides allocations for family-based immigrant visas for the period beginning on the date of enactment until 18 months after enactment. It caps unmarried sons or daughters of lawful permanent residents at 20 percent of the worldwide family-sponsored level; caps immigrant visas for married sons and daughters of U.S. citizens; and caps immigrant visas for brothers and sisters of U.S. citizens at 40 percent of the worldwide family-sponsored level.

Keep "Bewildered"

Posted

First - The Senate Bill is not pased - In other words, there's a good chance that nothing is going to change....the F4 category will not be eliminated..tongue.png

Second - There is Section 2305 before this..

Section 2305. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives

This section amends the definition of `immediate relative' to include a child or spouse of an alien admitted for lawful permanent residence. This allows for the automatic conversion to immediate relative designation for pending petitions filed on behalf of a spouse or child of a lawful permanent resident.

This section provides allocations for family-based immigrant visas for the period beginning on the date of enactment until 18 months after enactment. It caps unmarried sons or daughters of lawful permanent residents at 20 percent of the worldwide family-sponsored level; caps immigrant visas for married sons and daughters of U.S. citizens; and caps immigrant visas for brothers and sisters of U.S. citizens at 40 percent of the worldwide family-sponsored level.

Keep "Bewildered"

No.

Everything I have read about the bill says:

"The bill would bar citizens from sponsoring their siblings and would allow them to sponsor married sons and daughters only if those children are under age 31."

http://www.huffingtonpost.com/2013/06/12/senate-immigration-bill-explained_n_3427682.html

This was a democratic bill. I doubt the house republicans are going to reinstate the family ties.

Filed: Timeline
Posted

No.

Everything I have read about the bill says:

"The bill would bar citizens from sponsoring their siblings and would allow them to sponsor married sons and daughters only if those children are under age 31."

http://www.huffingtonpost.com/2013/06/12/senate-immigration-bill-explained_n_3427682.html

This was a democratic bill. I doubt the house republicans are going to reinstate the family ties.

Ditto on Visa Grant !

The link you have posted ''Bewildered'' is just a newspaper NOT a gov, so you are wrong!

Its a bloody cloudy and miserable day today lol oopps maybe I was born in a cloudy place :)

Filed: FB-4 Visa Country: India
Timeline
Posted

No.

Everything I have read about the bill says:

"The bill would bar citizens from sponsoring their siblings and would allow them to sponsor married sons and daughters only if those children are under age 31."

This was a democratic bill. I doubt the house republicans are going to reinstate the family ties.

The bill becomes a law after it is signed by the US president..yes.gif

Posted

If it's passed by the House and Senate.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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