The problem with sibling petitions (immigration petition for a sister or brother)

US citizens can petition for siblings, but the processing times are very long. If you require assistance, my office may be available to help. You can schedule a consultation directly through my website: www.darianlaw.com/schedule-a-... (more info below).
Video by Pouyan Darian, Esq. - I consult and represent clients throughout the U.S. and have streamlined the green card and citizenship process. If you have any questions and wish to consult, please contact me.
Please call/text [phone] with questions or to schedule a video, telephone, or in-person consultation. Our office can also be reached via email: [e-mail]. I represent clients in many states and countries throughout the world and I have simplified the process to reduce your stress and so the entire green card application and naturalization process can be completed without ever stepping foot into my office!
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[@VNUSA305]

I truly love your channel! Thanks for sharing this clip! This is important for me to learn this case!

[@kalMHe]

You have just cleared my long time lack of understanding with in a few minutes. Thank you very much!!

[@genetn]

Thank you! you saved my time and money, I was about to go to the lawyer office to ask about this information which costs around 250.

[@Momo-wi3ul]

Thank you!! I commend you for being so clear and concise with how you explained the process, I can tell you’re an awesome attorney.

[@Kanadian-Squirrel]

This guy just answered all my questions as i type this message

[@2011var]

Excellent clarity in explaining situations. Easy to understand and providing the best case scenarios.

[@mariamlsmail2511]

How about a sibling living in united states. Can a us citizen file for her.

[@atheistbeast7645]

What a family reunion time frame .

[@jackiesaddler9020]

Just subscribed! Your are very helpful!

[@melanitarodriguez8899]

The long wait to bring siblings in the USA made me sick how the immigration keeps us waiting for years!But illegal immigrants are free in some places in this country with free food, shelter, school etc.Its unbelievable. American Citizens petitioning my brother to get in this country upon listening you right now ,I feel like telling my brother to go border and I will meet him there maybe that is the easy way because now a day what I see it would be easier to enter this country as illegal than legal .😢😢

[@josefelfinito6925]

That's the annoying thing. People on visitor visa find their way to the US within a short period and never return. Here we have to wait 15 years or more for doing the right thing.

[@1Kevingtz3]

Great video. Thanks a lot, it was really helpful.

[@petermuchiri8179]

Very very helpful thanks 👍

[@wahoubrachid4157]

With my warm thanks

[@RizwanAhmad-zk3fb]

Good Job

[@yeahdude7]

It’s been 13 years since my US citizen sister applied for me and I’m nowhere near getting a green card. God knows how much longer it’s going to take, maybe another 10-15 years or more. Sibling to sibling sponsorship take decades to process, so be prepared to wait people.

[@alonsogonzales7913]

My roommates just got his. Only took him 23 years.

[@rimebenchekroun6209]

while you wait do they give you work authorization or not?

[@Coneelfrancis]

That's crazy. So basically you waste majority of your life just to get a paper??

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@ecatalan98]

@@ConeelfrancisThat’s right! The U.S. paints itself as the best country of the world, which is far from it. They can take all their stupid papers and shove them where the sun don’t shine!

[@sarajaber4448]

Hi Darian! Thank you for the detailed video and explanation If I may ask, my sister is a US citizen and we are hoping to soon apply for the I130. My understanding is that this will (eventually and if approved) provide me with a green card. But I am interested to understand the process to then obtain the US passport? Will I need to reside in the US between the time of having the green card and applying for the passport? Thank you :)

[@abdslil1054]

Great video

[@ImranJamil7]

Loved your video and I also subscribed to you! I have a question I hope you don't mind. My sister is a US Citizen. If I (a 26-year-old male) go to the US on a student visa. Can my sister file for an I-130 form and when that is approved and a notification ( I-797) is being sent to her. Can she then file I-485 for me for the adjustment of the status so I can stay in the US and not leave the US after my studies? or if she just files the I-130 form and it is approved. Can I stay in the US after my student visa expires?

[@DarianLaw]

Thanks for subscribing! Great question. No, that plan won't work. Overstaying with a pending sibling petition is a bad idea. You won't be able to adjust status in that category (and it takes around 14 years). If you overstay and accumulate unlawful presence then, realistically, your immigration options will be limited to marrying a US citizen.

[@tanvigawde1612]

Hi! That was helpful ! Thank you! I have a question, if I want to petition for my sibling, when she’s going to come to the US on an F1visa, would that be a possibility? Would her being in the States legally, expedite the process? Or the fastest way still be to petition for my mom and then have her petition for my sister? Thank you again for your help!!

[@nsh4658]

Hi Darian! Thank you for the video. I have a question. My brother was here for a couple of months years before I moved to the US. I recently filed an I-130 for him, and it will probably take 14 years or more. Can he still apply for a tourist visa and visit the US occasionally?

[@DarianLaw]

Yes.

[@gatedscs]

Thank you so much, :) It was really helpful. Is it okay, I go there for Ph.D. and then get work while my I 130 is under process?

[@m.b5777]

My uncle applied to sponsor his brother. After 37 years the application was approved but he passed away.

[@steelblue0]

rip 🕊️

[@shirchichian8008]

Hello! If I may please ask some questions about this process: 1. Is there an advantage for starting the petition from the US? Say get there with tourist visa and apply. 2. How long does it take until the siblings can actually come live in the US and work there? Doesn't have to be with a green card. 3. Is opening a business in the US and being in the US with a E2 visa (while applying for the sibling reunion process) can speed up the process? 4. Is it true that if we have tourist visa it will be canceled when we submit the I-130 and I-485 to start the process?

[@DarianLaw]

The tourist visa can be cancelled if you file the I-485, but usually not for just filing the I-130. There is no advantage to filing the I-130 in the US or abroad, but a sibling cannot overstay their status in the US. The process takes 14+ years before the sibling can get a green card. I don't handle E2 visas so I can't answer that question.

[@jvw4481]

*waiting

[@klohs3340]

I recently filed a TPS renewal form for the country of Venezuela. I sent it in too early, before the federal registry posted the official instructions, I messed up and just sent in my renewal too early. Should I withdraw my case?

[@DarianLaw]

It's difficult to withdraw a TPS application (if it's possible) - I would just re-file.

[@bisayangtexas51]

I have a question me and my husband are planning my sister to bring she's a nurse in the Phil.we need her because I was undergo a treatment of breast cancer with this month what ate the possibility to do to bring her my husband is US citizen and im a permanent holder only please guide to process this thank you

[@dream_adventure]

sa tingin ko, mas bagay sa kapatid mo na nurse ay makahanap ka ng employer dyan, if not your husband as an employer. para alagaan ka bilang caregiver mo.

[@jodenesjourneys4775]

Does the priority date move any faster for those in the UK? What if the my sibling is here on an esta or B2 visa , can I apply for their adjustment of status?

[@DarianLaw]

No, but if they enter on ESTA (under certain conditions) and subsequently marry a US citizen, then they can apply for adjustment of status. The FASTEST processing time for siblings is ~14 years.

[@MuskanKhan-fe8bm]

I shall be highly obliged if u clear an uncertainity in my mind. I m a medical student and i ve applied to an elective( short period of clinical rotation ) in the united states hospital on b1/b2 category. I m a derivative/indirect beneficiary as my father is a parent applicant for I I30 petition filed by my uncle who is US citizen . Also , i ve aged out since i m 22 . What do think? Will my visa get rejected if i select yes to the question " if someone has ever filed immigration petition on ur behalf while filling form ds160. "What happens if i say no. Should i declare it and if yes will they reject my visa based on my dads application filed by his brother . I was a minor back thenn when my uncle filed for my dad and i was indeed an indirect beneficiary . I m so confused.

[@DarianLaw]

Good questions. First, I think the answer is "no" (on the DS160) - nobody filed a petition for you directly. However, even if the answer is "yes" it probably wouldn't affect the B1/B2 visa application because there is no visa immediately available in that category, so there is little risk that you'll overstay and adjust your status through that family petition.

[@Nature.lover23]

"Hi Darian,quick question: Would it be possible for to bring unmarried sister instead of parents? Thanks!"

[@rezwanarubaiya2732]

Hi Darian, I am a US citizen. If my sibling is present in USA through Tourist Visa(B1/B2), will they go for adjustment of status on relative petition visa to stay legally here? I want to know is there option open for them through me to get legs authorization to stay here or I must go for F4 visa process and it’s regular processing time.

[@DarianLaw]

You can't adjust status while on a tourist visa using a sibling petition. Sibling petitions take 14 years to process for most countries. Your sibling needs a US citizen spouse or 21+ year old US citizen child to petition for them if they want to immediately adjust status on a B2 visa.

[@janmarieantonio4020]

Hi Darian! Thank you for making this video! Very informative! I had a question, My father recently just passed away last month while his I-130 petition is on process. My mom passed away 5 years ago, I still have 2 siblings that are minor, one is 17yrs old and one 9yrs old. What is the fastest way i can petition them? Hope you can give me some insights or recommendations. Thank you so much!

[@DarianLaw]

Are your siblings in the US? If so, you may want to explore SIJS because that's going to be the fastest option if it's available. If they are outside of the US then, unfortunately, there is no fast way to bring them to the US using a family petition.

[@abhinavomshrestha2385]

What is SIJS

[@MrShoman1212]

Hi Darian, thanks for the great video. I'm a new subscriber. I've got a question: My brother a US citizen in Texas and I'm an Italian citizen, I do not need visa to visit the US. Can my brother petition for me while I'm physically present in the the United States? The state of Texas i believe it takes about 18 to 24 months under the new immigration law of Texas. Please, do you have any questions regarding this topic?

[@DarianLaw]

Thanks for the suggestion. Your brother can petition for you while you're in the US (or while you are outside). But the process is still going to take around 14 years. Texas does not have its own immigration laws. The entire country follows the same immigration law.

[@stevenroshni1228]

Does putting in a petition impact the olds of the sibling getting a non immigrant visa?

[@DarianLaw]

A sibling petition usually won't affect a non immigrant visa because the family petitoin is so speculative

[@JoseRuiz-fz1zr]

Amazing video, very clear and concise explanation. Now I have a question. We are looking at having my brother submit a petition for me and I am currently (pending any changes that happen in the coming months) protected through DACA. I have been here since 1994 and wanted to know if there was any process/way to potentially expedite the dates? Also, I am married and I have heard/read mixed comments as to whether I can have my wife join the petition or would I have to wait until I obtain my green card before I can petition for her? Thank you very much for the help.

[@DarianLaw]

There is no way to accelerate the family petition process. Your sibling can petition for you and can include your spouse/children on the petition, so there is no need for an extra petition. Certain family petition categories allow the inclusion of spouse/children, and this is one of those categories.

[@JoseRuiz-fz1zr]

@@DarianLaw Perfect, I really appreciate the response to my question.

[@user-dg1fe1vv3y]

@@DarianLaw On 5 June 2017, I was diagnosed with Liver cirrhosis(Hepatitis C) and was treated for almost 2.5 years, and after a long treatment on September 26, 2019, was treated on an emergency basis, and after few days of treatment, my doctor recommended me for the Liver transplant. On 6 March 2020, I got admitted for my Liver Transplant procedure, and by the Grace of ALMIGHTY, I got my Liver Transplant. Due to the medical reasons mentioned above, It is very difficult for me to do any kind of a proper job to financially support my family all of my life savings have already been spent on my treatment, and now I and my wife we have a little online clothing business which is our only lifeline. But due to the current financial instability in our country, it is getting very difficult for us to fulfill our day-to-day life chores. Moreover, I have dropped out of my children from school. Can I expedite my visa interview on Humanitarian Grounds. Have required documents needed for proof Visa Category: F4 Priority Date: 23.3.2007 Dq 29may 2021 Is there any negative impact on my case?

[@rosepink2773]

Can I apply for petition for my niece he is only 15 years old to come to USA and become legaly resident in USA? How long it takes for him ? Because he is under 21 years old…. Please answer my questions ❤ 🙏🏻

[@LuisEWatkins]

What if my sibling comes here to visit lawfully (tourist visa) and I apply to petition them? Can they adjust their status while they wait?

[@DarianLaw]

No. They can only apply for adjustment of status if they enter the US after the priority date becomes current, which takes around 15 years. They can't overstay the tourist visa.

[@ramandeepmultani]

Hi Darian, thank you so much for this video. I am a US citizen and have a sister, i filed her 1i 130 in july 2008 and at that time her kids were like 10 yrs old but now they r 24 yrs old . Is their any way that these children come with their mom when their case get approved Thank you in advance!

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@christiancarty3539]

Hello , In half paternal siblings case , I see immigration requirements ask to attach a marriage certificate of the father with the mother. but in case father did not marry with one mother. Can It apply without being denied? The birth certificates of both siblings include the father's name.

[@DarianLaw]

The burden is higher for step-siblings. In this type of situation the father must have married BOTH mothers. I hope this helps.

[@duglasjohel]

If you have Daca and come back already with Ap, and citizen brother petition you, how long to get does it take to fix?

[@DarianLaw]

There are only 3 categories of family petition which will allow somebody to adjust status in the US (after legally entering): (1) spouses of US citizens, (2) 21+ year old US citizen children petitioning for parents, and (3) US citizen parents petitioning for minor children. The easiest way to think about this is that EVERY other category of petition, including siblings of US citizens, cannot adjust status and must eventually leave to go to the consulate for an interview. The petitioning process takes 14 years for siblnigs of US citizens.

[@guyanababoon4917]

Will slibing sponsoring ever be reduce like in their new circle time on the usics sit 6 months

[@DarianLaw]

Probably not. It has been 10+ years for a very long time. I think that there we need comprehensive immigration reform for that to happen.

[@SB-ms5wd]

Hi Darian. My cousin has a child born in US 10 yrs ago. Can her sisters who is a US citizen file a petition for her to come to US.? And can the Child start filing petition for his parents now. Or he has to wait until he reach 18 years old? And how long does the process take please? Thank you

[@DarianLaw]

The sister can file a petition but it will take 14+ years before your cousin can move to the US through that petition. The child cannot file a petition until the child reaches age 21. The child-parent petition is fast (1-2years).

[@ecempolat7537]

Hi! I want to petition my sibling, but I am worried he will never be able to visit me if I do that. Is there a way he can still visit US from Turkey for holidays? Would petitioning him jeopardize his entry to US as a tourist? He has a tourist visa. Thank you in advance.

[@DarianLaw]

Most siblings will not lose their tourist visas merely because a sibling filed an I-130 family petition, but it will be your sibling's continuing responsibility to show tourist intent during each future visit.

[@zahirairfantipsvlog7871]

Please reply .late entry birth certificate ll accept in usa embassy..for syblling petition....

[@ShiverZZZ666]

Hello ! My uncles are US citizens and filed a sibling petition for mom since 2008. 15 years have passed. I'm worried about one thing. I'm turning 21 in 2024. If our file doesn't finish before I turn 21 then I won't be able to get a greencard along with my mom. Am I right or wrong? If this happens , what can I do to fix this issue? Did I wait for 15 years in vain?☹☹😓😓

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@shaazy]

Hi darian, great video! I had a question. You mentioned petitioning for the parents and then petitioning for the children as a faster process. My brother is a citizen. How fast would the parents route be? And may I know how long do the parents have to stay in the U.S per year? Also, does it matter that all children of my parents are adults (over 21) and married?

[@DarianLaw]

This process requires petitioning for a parent, which takes around 1 year (and the parents can actually overstay and still qualify). It'll take longer if they are consular processing, but probably less than 2 years. Then, approximately 5 years later, the parents can apply for citizenship. Once they become citizens, they can petition for adult children. If the adult children are unmarried, the petition process will take at least 7 years. If the adult children are married, then it will take much longer - close to 13 years (in which case a sibling petition is faster than this entire process).

[@prabinacharya4293]

Wow you explain so clear

[@carlosberrios1013]

@@DarianLaw Hi, what if the adult son/daughter gets married during the 7 years petition process, does that add more years to the process?

[@adrianostarks-chaves9256]

@@DarianLaw how long would it take if the parent apply for an adult child while they are still a permanent resident? The path you mentioned says they would wait at least 5 years to become citizen and then they would be able to apply for an adult unmarried child. But if my parents apply for my siblings before becoming citizens (as green card bolder). would that way be any faster?

[@mohammadhoque8192]

Hi Darian I'm leaving DC I how I contacted you I'm us citizens I want to apply for my sibling....u do that and how much you will charge

[@nawarajgadtaula7040]

Hello sir, my brother is US citizen. Recently one month ago my parents(dad and mom) are arrived at US and they got permanent residency & registered petition file for me through my mom&dad, now how much time I (26yrs old unmarried now) have to wait because I am in India?

[@DarianLaw]

Your parents should file family petitions for you, because those will take 8+ years. A sibling petition for India will take 16+ years.

[@shohantanvir331]

Hi darian. i have already applied for both of my parents. i have a brother who is 21 years old. i have included him as a additional family inside my parents application. so, now do i have to file a separate i-130 form for him or not?

[@DarianLaw]

Yes you can have multiple family petitions pending in different categories - nothing to lose.

[@phurbasherpa6094]

Mine sister has filed petition in the year 2014 Jan can anyone tell me how long does it take in mine case to apply for usa visa .

[@moazzam_niazi]

Hi Darian! I am citizen of Finland and I visit US on a visa waiver program. If my brother who is US citizen files a petition for me, will this create any problem for me in future while visiting US on visa waiver program?

[@DarianLaw]

Probably not. There is a chance that CBP officers can ask you about the petition and whether you intend to overstay your visa, and you need to explain that the purpose of each trip is to visit and leave the US.

[@Joeladgra]

How about a U.S. citizen petitioning a parent and the parent has an illegitimate minor son. Can I add his son which is my half brother to the petition as derivative? My Dad is disabled and wheelchair bound and my half brother is age 12 and can accompany him. Thanks so much in advance.

[@DarianLaw]

If you are a US citizen and are filing a petition for a parent, then you do not need to file a separate petition for that parent's spouse or children. It doesn't matter if the child is illegitimate so long as your parent is listed on that child's birth certificate.

[@mebranton1535]

hi darian im glad i found your video, i have a question , my sister is a US citizen, she applied i-130 for me ( a brother) oct 2022, she is checking the processing time every month, the " estimated time until case desicion" says 6 months, after 2 months it says 4 months, but this month which is supposed to be 3 months increased to 8 months again. why is this happening? i mean will this be happening all the time? should i wait until 15 years? hope you can answer all my questions, thank you very much.

[@DarianLaw]

Recently a lot of of the processing times on the visa bulletin increased. I'm sorry you're going through this. Yes, it can happen again.

[@mebranton1535]

@@DarianLaw thank you

[@gmachannel6966]

Hi sir. May i ask, may father have a petition with my grandfather the year 2000 and the petiotn approved begore my grandfather passed away last january 2000. It is a possible to fix that? Thankyou for the question.

[@DarianLaw]

It is not possible to fix if your father was outside of the US.

[@AlphieG]

If one is a J1 visa holder and has a US citizen sibling, would you recommend the sibling petition?

[@DarianLaw]

Some J1s are subject to a 2-year foreign residency requirement (they have to leave the US for 2 years after completing the J1 stay before they're allowed back in the US). Aside from that consideration, you can apply for a sibling petition on a J1 but the sibling can't overstay any visa and the process will still take 14+ years.

[@kholi1240]

@@DarianLaw my mother sister file immigration petition for my mother & their siblings (I- 130 ) and I am now 24 years old.in immigration question in DS 160 form, should I need to mention yes or no in immigration petition box , because I am going to USA with visit visa ???

[@maxamedxasan4079]

Hi there, uscis says the processing time will depend on the field office for example if your case is processing in Nebraska it will take 22 months for filing for your sibling. Is that correct?

[@DarianLaw]

The case processing time isn't that important for sibling petititons. The receipt notice will indicate a priority date, and you can't take action on an approved petition until the priority date becomes "current." Sibling petitions from 2007 are becoming current this year.

[@maxamedxasan4079]

@@DarianLaw thank you so much for clarification

[@jvw4481]

Hello. My sister resident. Will her husband be able to petition for me/ the company he works for if the company he works for offers me a job? What will my wairing period be in that sitauation?

[@DarianLaw]

if you are in the US without status, then no, you can't change your status to an employment-based status

[@Dipiereti]

Thx what’s the year they are processing for siblings petición file 2011 ?

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. M ..

[@carinabeim5772]

I was adopted from Guatemala. I want to fill out a petition to have my mother come here to America. I have 2 half siblings. My mother is now married to someone who’s not my father, but is my siblings, father. How would we be able to get him into the United States if he’s not my biological father

[@DarianLaw]

I'm assuming you're a US citizen and you are referring to your biological mother, who is still in Guatemala (with her husband and your two step-siblings). You can petition for your mother as an immediate relative and the processing time is relatively quick, but your siblings are subject to very long processing times (currently 15+ years). You can only petition for your mother's husband if she married him before your 18th birthday or you can prove a father-daughter relationship before your 18th birthday. If you don't meet those requirements then he is not your father for immigration purposes and you can't petition for him. The fastest way for the husband and your step-siblings to come to the US might be for your mother to petition for them after she becomes a permanent resident, but they will still be subject to relatively long processing times. If your step-siblings enter the US and do not live with both parents then they MIGHT qualify for special immigrant juvenile status (if they meet all of the requirements).

[@satinmckenley8347]

What if I currently have Daca and my sister wants to petition for me?

[@pranjalneupane6876]

hello sir, in case of nephew under 21, at the time of applying or at the time of visa interview (< 21) so that they can come along with brother?? because after many years of visa processing, they will cross 21 years and chance of marriage also so what is law regarding this? plz do reply .how can i contact you ?

[@DarianLaw]

Sibling petitions allow you to include the sibling's spouse and minor children as derivatives on the I-130 family petition. My contact information is in the video description. (See page 1, paragraph 4: www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf)

[@kathyporras]

Hello, I am a US citizen and my brother overstayed his visa. Can I still petition him? and how long would that take? He entered the US legally.

[@DarianLaw]

You can petition, but your brother won't be able to adjust status if he waits in the US. He would probably need to leave the US for 10 years (assuming he has more than 1 year of unlawful presence in the US) and attend the consular interview outside of the US. The process takes at least 14 years for most countries.

[@DubaiWithPete]

Is it true those born in Kuwait have a shorter waiting period?

[@eo4zoa]

Hi there! My sibling recently became US citizen. They want to sponsor me under F4. I have been in the states legally since 2008, as a student first and now on employment based visa. Will I be eligible for concurrent filing of I130 and I485 since I am already legally in the country?

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ...

[@143ely]

Is it true that the Biden Administration is trying to reduce the waiting time for the form I 130? If it will be approved, do you think the waiting time for sibling will also be reduced?

[@DarianLaw]

Yes, that is true, but it will probably not affect the sibling petition backlogs because those waiting times are based on visa availability and the number of pending applications.

[@brendaverzosa5540]

Hi. What about 13 y/o 7th grade to petition by an american citizen sister?

[@meng016903030]

Hello, I have a question regarding of my wife's F4 visa. In Feb-2011, her sister (US citizen) filed I-130 to partition my wife (that time she was single). In 2015, that partition was approved. But now she is already married to me (in 2013) with 3 kids. Till now we are waiting for my priority date to be current. I want to know whether when should we update our more family members ? Thanks you in advance for your help.

[@DarianLaw]

Yes, you can add spouses and children once the case is being handled at the consulate

[@jackiesaddler9020]

Hi Darian, my sister a US citizen filed for my brother in Jamaica. The priority date is October 2010. The petition was approved October 2014. She however moved and did not get that approval letter. She updated her address now. Have we missed any important request to forward any documents like affidavit of support. It cost 465$ to get a duplicate i824. We don’t know what to do at this point

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@zohrehazadmehr8454]

Hello . Can you answer me please? My sister and I , get acceptance for same program in same university, with same scholarships, can we go to same Embassy? How much is our chance for f1 visa?

[@DarianLaw]

Yes, you can go to the embassy. I don't know what your chances of success are for an F1.

[@julioverne2001]

Hi, thank you for the video,my USC daughter made a petition for us,we are waiting for our GC to petition our other daughter,she is 23 y/o and single and has DACA,we are from Perú and she entered legally,also she already used Advanced Parole to travel back and forth. Could you please tell me what’s the better option for her?

[@DarianLaw]

This is actually a very complicated question and it would be better for me to explain everything during a consultation because my answer here is going to be very incomplete. Your daughter (with DACA) needs a US citizen spouse or a 21+ year old son or daughter to petition for her if she wants to adjust status INSIDE the United States. There MIGHT be an option for her to become a resident through other family petitions, but the category you discussed (permanent resident parent petitioning for 23 year old unmarried daughter) is going to take 8+ years, and will require her to leave the US for a consular interview (assuming that she has no other issues such as unlawful presence).

[@julioverne2001]

@@DarianLaw thank you very much for your answer

[@Sidhumswl]

Hi I filed a I-130 for my brother, a bit over a year ago (early 2021). A few days ago (July 2022) it went into “Case Being Actively Reviewed”. How is this possible? could this process be moving along quicker ? Also, our parents got their US visa a couple of years (I petitioned them) and visited. Recently, I filed for their green card and work permit a few months back. Could that be why brother's case is moving quicker?

[@DarianLaw]

No, I believe you are mistaken. The I-130 might be granted or "actively reviewed" but it will not provide a pathway for your brother until the priority date (located on the I-130 receipt notice) becomes "current." USCIS is currently reviewing I-130 sibling petitions which were filed on or before March 2007. If your parents become US citizens then they will likely be able to provide a faster pathway for your sibling to enter.

[@josley.oviedo]

@@DarianLaw I started the I-130 application for my brother in June 2022 and in September 2022 it was already approved only 3 months

[@DarianLaw]

@@josley.oviedo That's great! But, you have to look at the priority date (on the petition notice) and compare it to the priority date on the most recent visa bulletin (category F4), which indicates that priority dates from 22MAR07 (march 22, 2007) are currently being processed, which is approximately a 15-year processing time. See: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html

[@diturilatifi5827]

@@josley.oviedo l

[@user-pd4jx9vv8p]

My PD 23 may 2006 DQ may 22 2023. F41 do you know when will I receive interview letter? ​@@DarianLaw my

[@jj-tq4hx]

20 year backlog. Hope someone's sibling isn't 80 years old..

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@Dd-uu4vo]

Wooooow 15+ year definely better to bring parent then parent bring sit

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ..m

[@josefelfinito6925]

​​@@AbubakkarSiddiq-bt3pyI think this is a good idea. Because the wait time for sibling petition is madness. Joe biden is not serious.

[@vincently1779]

Thanks for the video. I have questions about uploading documents. Hope you can help. The i130 I am filling out online is for my brother and his family. I cannot find anywhere to upload his Marriage Certificate, his wife and daughter Birth Certificate? Do I need to upload these documents, if yes, where should I upload?

[@DarianLaw]

I'm not sure, because I only submit the paper version of these forms on behalf of my clients. Don't worry too much - USCIS will issue a request for additional evidence if they need more documents from you.

[@masarapangbagoong6505]

our pd was may 2003 for f4 category.it is current already?

[@DarianLaw]

No, it will probably be current closer to 2027

[@jinkyroseorejudos7336]

If i petition my parents, does it includes my minor sibling as well? Thank you

[@DarianLaw]

No, it doesn't.

[@Nasser.benzaim]

Hello sir . Please i have a question. In July 2022 uscis aprouved my petition i130 and after 2 months i received the welcome letter with case number and the invoice number visa F4 sibling for brothers ..my PD is June 2013 im from Morocco until now i can't pay fees because they always respond limited visa for my category F41 so why they sent me the welcome letter after almost 10years PD ...

[@DarianLaw]

I don't know why they sent it to you. You probably can't pay the fees for another 5 years.

[@Nasser.benzaim]

Thank you so much

[@ayeshaa5057]

Hello, my husband applied for his sibling visa. His petition date is 2010. I would like to know how can I withdrawal their case. I don't want them to come. Does he need to send them written letter . Can I write them letter instead of my husband. And the letter should be certified from lawyer? Can u please guide me in this. I don't want both brothers to come here and give us more trouble. Thanks in advance. And want reason should I write in the letter?

[@DarianLaw]

Your husband would need to send a letter to USCIS requesting to withdraw his petition.

[@xochiltrosales7461]

If my brother is already in US, with in the 6 moth of his tourist visa , Can we apply to change status /work permit?

[@DarianLaw]

Yes, but only if he gets married to a US citizen AND applies for a green card during that time (under certain conditions). The other option is if he has an adult (21+) son or daughter who is a US citizen. He cannot fix his status through a sibling petition in 6 months - that takes 14 years.

[@t-point7569]

@@DarianLaw my brother a student and F1 student and has been in the us for over a year can i petition for him to adjust status.

[@irfansaleem08]

US citizen has a sibling in the US with asylum case pending before immigration court .. Can this US citizen petition Green Card for sibling

[@DarianLaw]

Yes, but it won't stop the asylum process and the petition likely can't be used to get a green card. Under current laws, the petition might not be helpful.

[@user-wx8ph4is2p]

I would like to come my sister's and their children

[@hafacts7489]

Sir plz reply Sir In 2007 I go with my family in us at that time I am 5 years old in 2008 we came back to India and my sister stay there as I didn’t return back re entry permit get expired now when my sister became us citizen she did my petition in 2014 then how much time I expect as processing time is changed in April Plz reply

[@DarianLaw]

The priorty date on your I-130 family petition is 2014. Currently petitions with March 2008 priority dates are current and can apply for immigrant visas to enter the US. I think you will need to wait 6 more years.

[@jamiejabaty3468]

My priority is 1st March 2008... now am married with a child...are my family eligible for F4 visa?

[@joancowell1632]

My sister petition for me February 22/2007 I was dq from November 25/2020. Kingston Jamaica embassy.

[@joancowell1632]

How much longer do you think is my waiting time.

[@DarianLaw]

@@joancowell1632 Your case is probably ready to proceed, unless the consulate causes delays.

[@haribudhathoki8162]

Can we update the information after US citizen file I 130 as his brother gets married or have kids???

[@DarianLaw]

yes

[@rodvangoal624]

what about if my brother has business can he petition me as employer under eb3

[@DarianLaw]

Maybe, but probably not if you are already in the US and out of status.

[@carolinaerickson4493]

Hi Darian. Question. I file I-130 for my 2 siblings 7 years ago. They got married. Do I need to file a different petition to add my brother and sister in law ? Thxs

[@DarianLaw]

No, you don't need separate petitions.

[@carolinaerickson4493]

@@DarianLaw so how should I add them to the petition? Do I need to feel up another I-90 pay and send it to uscis ?

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. A

[@pranjalneupane6876]

can we choose immigrant office/branch by ourself or not? because different state has different waiting/processing time period, reply plzz

[@DarianLaw]

The office depends on your address on the USCIS application.

[@lovehumanbeings7859]

F4 MINIMUM 15 TO 18 YEARS WAIT TIME....

[@linarodriguez6900]

What if my petitioner in this case my brother just got diagnosed with Alzheimer’s?!!! I need help

[@DarianLaw]

I'm sorry to hear that. A medical diagnosis doesn't ordinarily affect the family petition.

[@linarodriguez6900]

@@DarianLaw thank you so much for answering my question!!! Ha a bless night

[@bibinjacob9592]

My sister filed for me March 2013 .when I got my us visa

[@DarianLaw]

A visa will probably become available around 2028.

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ...

[@tronzesxmusic1030]

Hi, how about Australia is it the same process as the U.S.? Because I want to grab my lil brother which is 19 Filipino? Like Does it take long too? If it is, I think I just need to sponsor him for a tourist visa and then apply student visa. Pls give me an advise cuz Both of our parents gone already and It hurts for me to see my brother suffering from my toxic uncles , cousins and aunt 😢.

[@DarianLaw]

A sibling petition is not going to help you here. However, if your brother ends up in the US (with a tourist visa or any other way), then he can become a permanent resident with Special Immigrant Juvenile Status. This option is available up to age 21 in certain states such as New York. See my video on the topic: kzbin.info/www/bejne/maPOaIhvrceabaM

[@SaveSoil_]

Can I apply for my sibling and her family for US green card?

[@DarianLaw]

Yes but it will take 14+ years.

[@surademsardio8285]

Hi. Great video. I have a question. I have a US citizenship , my sibling passed away and his two kids 8 years old with my mother.can I petition to bring my mother and my nephew and niece together? Or that is not possible? How long the process will take? Thank you again

[@DarianLaw]

You cannot directly petition for a niece of nephew. You can only petition for your mother. It can take 1-3 years (total). If your nieces and nephews are in the US and are under the age of 21 then they might be able to become permanent residents through Special Immigrant Juvenile Status. I made a video on this, and it's a good option for kids who are in the US, regardless of the manner of entry (legal or illegal entry): kzbin.info/www/bejne/maPOaIhvrceabaM

[@DarianLaw]

I'm sorry to hear about the loss of your sibling

[@surademsardio8285]

Thank you for your reply I appreciate it

[@leonbrown2265]

You do adaption.

[@aleehamubashar4565]

What if your siblings have their own kids. Is petitioning for siblings with spouse and kids different?

[@DarianLaw]

You can include minor children of a sibling on a family petition, but the problem is that they will often "age out."

[@PB-ou8lw]

@@DarianLaw what you mean by age out ?

[@DarianLaw]

@@PB-ou8lw reach the age of 21 and no longer be children

[@jesille8824]

@Darian Immigration Law, hi so did u mean that the children above 21 cant go to us with their parents under f4? They petition us when we are still under 21 yrs old but unfortunately it takes so long so now we are above 21 now.

[@ximenacomelli2041]

What if the sibling of a us citizen has daca?

[@DarianLaw]

This is a complicated question, but I will try to answer. The processing times are still the same, and the sibling with DACA will still eventually need to leave the US for a consular interview. However, IF the sibling with DACA maintained DACA continuously since before the age of 18 until the time of the interview (approx. 14 years), then that sibling won't need an unlawful presence waiver before they depart the US for the consular interview. This can be a big deal for a variety of reasons that are beyond the scope of a youtube comment.

[@mpropp9924]

My husband a U.S. citizen applied for his brother, wife and 3 adult children. Does his Brother come first and later bring the wife and adult children or will they be able to come all together?

[@DarianLaw]

For a sibling petition you can include the spouse and children under the age of 21, so they can all come together.

[@mpropp9924]

@@DarianLaw My husband applied in 2007 for everyone but the children are now adults over 21 years old. What will happen?

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. A

[@rosalieantonio3514]

Thanks. Very informative video. How about if the sibling you are going to petition together with your parent is 8 years old? Would the processing be the same as adult sibling? Would this sibling rather wait instead for the parent to become US citizen and do the petition?

[@DarianLaw]

Yes, it's the same as an adult sibling, but the petitioning sibling must be a US citizen over the age of 21.

[@mohammedaslamajmerwala7417]

Sir, Our F3 approved visa petition pending at NVC. Petition approved in 2015. Priority year is 2012. But petitioner health is very poor. Can my usa citizen sister petition for me at this time. Can uscis continue my petition in F3 catagory after petition my sibling.

[@DarianLaw]

I'm sorry to hear this. Your sibling can petition for you but it won't continue processing in F3. It'll start over in F4. I still recommend doing this because, generally, the petition dies with the petitioner. I'm creating a video on this topic in a few weeks.

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. .....

[@omarmorocho6516]

Hello, what if the sibling is in the USA under DACA?

[@DarianLaw]

This is a complicated question because DACA is not real immigration status, but, at the same time, it prevents the accumulation of unlawful presence in the US. If DACA started before the age of 18 and has been continuously renewed then there are some situations where we can still use a sibling petition (after waiting 14+ years for the petition to become current).

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ...s

[@SB-ms5wd]

Can you please educate us about having a child in USA while on visa? Is that a fraud? Thank you.

[@DarianLaw]

It's not fraud unless you lied about your pregnancy status to an immigration officer or if you intended to overstay your visa before you entered the US.

[@cherylcabinatan173]

it's been 7 years since I petition my brothers and his family from Philippines, how do I change to my mother's name as a petitioner to speed up the process? Thank you.

[@DarianLaw]

you can't change it, but your mother can file a new petition.

[@AbubakkarSiddiq-bt3py]

USA should be increased the Immigration Yearly VISA CAP. Married daughter and son of usa citizen and siblings of usa citizens wait 14-18 years for immigrant visa it's totally inhumanitarian . unmarried child wait 7 to-9 years. We are requesting to usa government please reform usa immigration policies. please increase yearly visa Cap. #@All the Immigration petitioners and who are waiting for immigrant visa they should be make a campaign before election of USA. Reform immigration policies and Increase Yearly VISA CAP. Then people don't come USA illegal. This campaign starting by two way ,at first make a campaign on social network Twitter, Instagram ,Facebook and other way is ON ROAD CAMPAIGN. On Road Campaign should be arranged in USA AND lead by all petitioner who really wants their family members lived with them together in short time. ....

[@jeshabarrete1975]

Hello 👋 My Aunt is a US Citizen living in Hawaii and she petitioned my Dad July 14, 2021 (living in the Philippines) How many years or months will be the processing time? Also, if time will come it will be approved, can my dad brings us? (children and wife)

[@DarianLaw]

Sibling petitions take 14 years + the processing time at the consulate (around 1 year). For a sibling petition you are not required to file separate petitions for a spouse or unmarried children under the age of 21 (your aunt can include your dad's wife and children on the family petition), but oftentimes the children will "age out" and no longer qualify.

[@jeshabarrete1975]

@@DarianLaw thank you 🙏 By the way, is it possible for my mom to get visa by accompanying my grandfather who is a senior citizen who has green card? If yes, what visa should she get?

[@DarianLaw]

@@jeshabarrete1975 that sounds like a B2 tourist visa, but it is not always easy to get one.

[@Taylorfamilymichigan]

Hi Darian. Thanks for the very informative video. I'm an US citizen, my parents are greencard holders. Can my parents sponsor my siblings to the US instead of me because I read it would be much faster like 7 or 8 years instead of 15? all my siblings are older than 21 and one of them is married and have kids. what do you think we should do? your answers would be so much appreciated. Thanks,

[@Taylorfamilymichigan]

can my parents as green card holders still sponsor my siblings or they must be us citizen first. cause I think the whole process for them to become us citizen then sponsoring my siblings would take probably almost 14 or 15 years. because my parents are only on their first year as greencard holders. thank you!

[@DarianLaw]

It's faster if your parents sponsor your siblings, but your parents need to become US citizens first. They can't do it as greencard holders. If you factor in the time it will take for them to become US citizens then sometimes a sibling petition is faster. There's nothing to lose (except money) if you file a sibling petition and a parent-child petition later on.

[@Taylorfamilymichigan]

Thanks for answering. But I got so confused about the preference categories of Family of GC holders: Second Preference (2B): Unmarried adult sons and daughters of permanent residents?! What does it really mean? I thought my parents can sponsor my siblings that aren’t married!?

[@DarianLaw]

@@Taylorfamilymichigan Yes, you are correct. Sorry I didn't read your comment carefully I thought that all of your siblings are married. My mistake - your parents can petition for your unmarried siblings.

[@Taylorfamilymichigan]

Omg. Thank you. So my parents as GC holders can sponsor my unmarried siblings then. Yay. And I will have to sponsor the other sibling that is married. Thank you. You’re awesome!