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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I am a U.S. citizen. I submitted petitions for both my mother

Resolved Question:

I am a U.S. citizen. I submitted petitions for both my mother and younger brother in 2008. My mother's application was approved and she is now residing here with me in the US. My brother's application is still pending at the visa center. I think it's faster if my mother submits a petition for him. Do we have start the entire process over and submit an I130 to USCIS or is the pending application at the visa center transferable to my mother? If not transferable, how do I cancel my application so she can start the process?
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

Petitioners cannot be substituted on I-130 Petitions. It would be faster for your brother if you kept your I-130 Petition for him in place because you are a United States citizen. If you were to cancel your application and have your mother start the process from the beginning, your brother will have the disadvantage of having his I-130 Petition made by a legal resident alien as opposed to you who is a United States citizen.

 

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That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Andrea, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Doesn't it take longer if I keep the petition because he is in the sibling category which is last preference for a visa?
Expert:  Andrea, Esq. replied 6 years ago.

It does not make much of a difference time-wise because your mother is not a citizen. So, it's really 6 of one and half a dozen of the other.

 

______________________________________________________________

 

 

 

BONUS is always appreciated

 

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Andrea, Esq. and 4 other Legal Specialists are ready to help you

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