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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28732
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am interested in finding out the waiting times scenario in

Customer Question

I am interested in finding out the waiting times for each scenario in order to answer the question of: which way is the best way for my sister to immigrate to the USA? Now, here are the details of my case.
I am a usa citizen (through my husband). I have petitioned for my mother (born and currently living in the Dominican Republic) to immigrate to the USA, and we believe she will receive her visa to arrive in the USA in about 30 - 60 days (the interview is coming up soon).
My sister is still in the Dominican Republic, and is over 30 years old and never married. The goal now is to get my sister a visa in order to live here in the USA.
If I petition my sister now, there will be a specific amount of time to wait, as a sibling (Ive heard it takes years).
If my mother petitions for her daughter (my sister) as a citizen, I believe my mother would first need to wait 5 years (for herself to become citizen) then wait a specific amount of time to process the actual petition for my sister, which takes a specific amount of time.
If my mother petitions for my sister in a few months (assuming she will be a permanent resident by then) she would need to wait a specific amount of time as well.
Which is the best scenario here?
Thank you
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Definitely your first option for you to petition your sister as sibling of a US citizen is the least desirable.

It will take at this time 13 years and the line keeps getting longer.

The best course of action is for your mother to file the petition immediately upon her receiving her resident card.

She can upgrade your sister's petition in 5 years to single adult child of US citizen but when she files now she sets your sister's priority date and she get her place in line. She keeps that place when your mother upgrades the petition as a US citizen. Your mother just sends the Dept of State National Visa Center a copy of her naturalization certificate to up grade the petition. Nothing new has to be filed.

Jan 8, 2010 is the date which is current for adult children of a permanent resident.

May 22, 2009 is the current priority date of adult children of a US citizen. So there is not that much difference - 7 months. But it is a fluctuating and fluid length of time to wait because there is no way to predict absolutely what the demand will be for the limited visa numbers years from now. We can only assume the dates will advance one month per month and keep an eye on it.

You can sign up for Dept of State to email you monthly the visa bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

*****@******.***

and in the message body type:
Subscribe Visa-Bulletin
(example: Subscribe Visa-Bulletin)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

*****@******.***

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Judith