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    I am U.S. citizen. Filed I-130 for a brother over 21, 4 yrs ago. I was told it would have been quicker if his father with green card applied for him. Can his father do that and apply the 4years went by to the new application?

  • #2
    I am U.S. citizen. Filed I-130 for a brother over 21, 4 yrs ago. I was told it would have been quicker if his father with green card applied for him. Can his father do that and apply the 4years went by to the new application?

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    • #3
      Beit:

      As far as I can tell yes, your father can file as well. But two things 1) I doubt the four years would be added to the new filing and 2)the fee will need to be paid again. So essentially, your brother will have two petitions filed on his behalf. As far as I aware, you can have multiple visa applications submitted. It just the waiting that becomes unbearable.

      I may be off the mark here, what do you think Marie?

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      • #4
        I don't really know.

        The INS page says that a LPR can petition for his child under 21 and unmarried child over 21.

        All I know is that the second preference is for children, spouses, unmarried sons and daughters of a LPR. For US siblings, it's 4th.

        If your brother is married, your father cannot file for him. If your brother is single, then he can. I think you could withdraw your application and hvae your father file for him. They won't apply the 4 years to it, I'm pretty sure of that.

        This is not something I know much about. Anyone else's input is much appreciated.

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        • #5
          If my father applies will not speed up the process; will it? I am looking for a way to speed up the process. Do you think a lawyer might be able to speed up the process? I need to get him out of Iran ASAP so he can attend school here but I don't have the money to pay for his tuition.

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          • #6
            Lawyers will not speed up the process. The only thing they can do is make sure you have the paperwork filled out properly to begin with.

            Like I said, it will probably be faster for your dad to file as he will probably get a visa faster as he will be considered second preference. You filed for your brother and he is considered 4th preference. That means that he has to wait until everyone else gets their visa first: the sons and daughters of USC, sons and daughter of LPRS, LPR spouses, married sons and daughters of USC . Then it's his turn if there are still visas left.

            By applying as the unmarried son of a LPR, he will get his visa sooner.

            http://travel.state.gov/visa_bulletin.html

            It's still going to take time. If he wants to come for school, why doesn't he apply for a student visa? I understand it will probably be hard to get but it will probably be faster if approved.

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