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Petition Form I-130 through Mother & Brother

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  • Petition Form I-130 through Mother & Brother

    In July 2007 my U.S Citizen brother petitioned me by filing form I-130 and in the same time my mother a green card holder petitioned me too, in September 2008 my mother became a U.S citizen then she upgrade my petition from green card to U.S citizen petitions her unmarried daughter.
    Last week I received an approval notice letter from National Benefits Center in Lee’s Summit, Missouri approving my petition through my brother and they say they’ll transfer my file to Department of State National Visa Center for further processing? How long it will take me to get my green card through my brother from now?
    My question how come I was approved through my brother so fast and still I did not get approved through my mother petition? It should be the other way around, anybody went through this scenario?
    Any explanation?

    Thanks to all.

  • #2
    In July 2007 my U.S Citizen brother petitioned me by filing form I-130 and in the same time my mother a green card holder petitioned me too, in September 2008 my mother became a U.S citizen then she upgrade my petition from green card to U.S citizen petitions her unmarried daughter.
    Last week I received an approval notice letter from National Benefits Center in Lee’s Summit, Missouri approving my petition through my brother and they say they’ll transfer my file to Department of State National Visa Center for further processing? How long it will take me to get my green card through my brother from now?
    My question how come I was approved through my brother so fast and still I did not get approved through my mother petition? It should be the other way around, anybody went through this scenario?
    Any explanation?

    Thanks to all.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Depika:
      In July 2007 my U.S Citizen brother petitioned me by filing form I-130 and in the same time my mother a green card holder petitioned me too, in September 2008 my mother became a U.S citizen then she upgrade my petition from green card to U.S citizen petitions her unmarried daughter.
      Last week I received an approval notice letter from National Benefits Center in Lee’s Summit, Missouri approving my petition through my brother and they say they’ll transfer my file to Department of State National Visa Center for further processing? How long it will take me to get my green card through my brother from now?
      My question how come I was approved through my brother so fast and still I did not get approved through my mother petition? It should be the other way around, anybody went through this scenario?
      Any explanation?

      Thanks to all. </div></BLOCKQUOTE>

      f4


      green card through brother about 7- 12 years depending on what country you are from



      Are you unmmarried under 21 or over 21?

      Comment


      • #4
        Hi Deepika,
        They only approved the I-130. It will still be many years before you can apply for green-card through your brother.

        Now, when you say your mother became a citizen and "upgraded" you, did she actually tell USCIS to upgrade? I ask because it is actually better and faster to get green card by staying as a daughter of a permanent resident rather than daughter of a us citizen.

        Comment


        • #5
          I’m looking at California Service Center processing time it says:-
          U.S.Citizen filing for brother/sister now they are working on cases received on October 1999, The USCIS received my I-130 petition through my brother on July 2007 so how come they approved my I-130 so fast if they are working right now on cases or petition received in 1999?

          Comment


          • #6
            Hi Deepika,
            The processing times are approximate. In some instances, they're still working on older cases where they have approved newer ones. There's no explanation it's just how USCIS works.

            Just wondering- did your mom's I-130 get approved and did she actually tell USCIS to change your category?

            Comment


            • #7
              Yes, my mom upgrade her petition to me, but even if she did not upgrade the USCIS will upgrade the petition automatically because when they check the A-number they will find she is a citizen then they will upgrade the petition, it happened to my older brother who’s my mom petitioned back in 2002 when he received the 1-130 approval it says on it U.S citizen petition son/daughter even through my mom never upgrade his petition from green card holder to U.S citizen.

              Concerning which is faster here I checked the California Service Center and found this processing time:-
              1-U.S. Citizen filing for an unmarried son/daughter over 21……now processing November 2003
              2-Permanent Resident filling for an unmarried son/daughter over 21….now processing April 2002

              And when I checked the Department of State processing time:-
              1-Unmarried son/daughter of Citizen…now processing January 2003
              2-Unmarried son/daughter of Permanent Resident.... now processing May 2001

              So both in the service center and department of state processing time it’s faster for a citizen than being a green card holder.

              Comment


              • #8
                The processing times you are referring to is how long they are taking to process I-130 petitions.

                Did you check the visa bulletin? This bulletin tells you which approved I-130s they are processing for green cards:
                http://travel.state.gov/visa/f...n/bulletin_4539.html

                Family 2B is sons and daughters of LPRs and F3 is sons and daughters of USC. F2B is better that F3. For your brother and yourself, you mother, once the I-130 is approved, can ask the National Benefits Center to keep you in the F2B category.

                Comment


                • #9
                  This is from Department of State bulletin processing time:-
                  1-Unmarried son/daughter of Citizen…now processing January 2003
                  2-Unmarried son/daughter of Permanent Resident.... now processing May 2001

                  Comment


                  • #10
                    You have received the approval letter from the USCIS, You should be able to appy for your Employment Authorization...in case you are in US...You can also file for I-485 and I485A..
                    This is the very old case, and Mohan had already given you the idea If I am correct..

                    Comment


                    • #11
                      Deepika,
                      That's great- that means it moved up. It was the other way around for some time. Unfortunately, it still means you have to wait a couple of years before you get your green because your mom filed in 2007.

                      Also, unlike what Kumar555 said, you cannot apply for Employment Authorization and the I-485 until your "date becomes current." Your date will be current when the date your mom applied is on or before the date on teh visa bulletin.

                      Keep watching out for the I-130 approval and check back with the visa bulletin every couple of months. If you are in the U.S., you can apply for your green card (I-485) and employment authorization (I-765) as soon as the date becomes current even if the I-130 is still pending.

                      Comment


                      • #12
                        Right now I have approval through my brother I-130 petition the approval notice came from National Visa Center in Lee’s Summit Missouri
                        It’s says approval notice section: brother or sister of U.S. Citizen, 203(a)(4) INA.
                        Also it says they sent the original visa petition to the Department of State National Visa Center in Portsmouth, NH

                        My question now can I or will I be able to submit form I-485 and I-765 based on my brother I-130 Petition approval from the service center even though the visa for that category is not current and I should wait another 8-10 year for the visa to became current and the visa available from the Department of State?

                        Comment


                        • #13
                          You cannot submit a I-485 and I-765 until your category is current. Wait for your mom's I-130 approval.

                          Comment


                          • #14
                            Depika:

                            Are you here in the US or abroad?

                            Comment


                            • #15
                              I'm here in the U.S.

                              Comment



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