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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109301
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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How are you? I Have a question... I am citizen of USA. I

Customer Question

Hi How are you? I Have a question... I am citizen of USA. I want to request visa for my mother and my brother (15 years old). I need to prepare on I130 for my mom and another for my brother?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I send two differents I-130 ... I received the confirmation for both and on August I received an email about the next step for my mom to requesting affidavit support. but for my brother NVC told me he need to wait because they did no have enough visa He is 15 years old
JA: Have you talked to a lawyer yet?
Customer: nop yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know what happened with my little brother... I wil prepare all the doc for my mom but the status por my brother is pending until get more available visa for his category
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I received it in my brother letter Unfortunately, there are no numbers of visas disponidbles for use at this time. Will be notified when
You can restart consideration of your application for immigrant visa processing. The reason for this
delay is that there are more requests than numbers under the prescribed limitation available immigrant visas
by the law. For some categories of visas, e.g. F3 or F4, this delay may be of several years. If you want to
know what are the dates of requests that are being processed at present,
Customer: replied 1 year ago.
We are from Peru
Customer: replied 1 year ago.
Mom = Visa Category 201(b) Parents IR-5...
Brother = 203(a)(4) Brother - F4-1 ... My brother is 15 year old
I think so ....
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I'm probably going to have bad news for you, but there is a solution. First, do you understand how long he has to wait and why he has to wait even though he is a minor?

Expert:  Nisha Jones, Esq. replied 1 year ago.

Good afternoon, I am an Immigration attorney and a former Miami Prosecutor, I believe I can help answer your concerns here. Your did the correct thing filing under the I-130, and the rest of the information you were given is correct too. There are only a certain number of visas issued each year under each category, so unfortunately that means that sometimes there are alot of people who are denied a visa. The amount of visas they distribute are determined and set by US immigration guidelines.

So what this means is you will have to wait and re-apply in the following year when the next quota of visas are issued. I hate to see families split up ..the options are for your mom to proceed with her immigration, and your brother wait with other family members in Peru until the next cycle of visas are issued. Or your mother can delay her process and wait to re-apply with him.

Also, you should know that the yearly cycle for visas issued is not the same as the normal calendar year. For example, it doesn't start again on January 1,2017. It runs on its own yearly cycle, so you should contact USCIS and find out when the cycle starts again for Peru. The good news is that if someone with such a close familial relationship such a s a sibling is denied the first time because of the quota, they often are not denied the second time, he will definitely be able to come to the US fairly soon. I hope this was helpful! Please let me know if you have any questions. (Also please remember to rate me using the stars, otherwise I will not be compensated for my effort, even though you've paid a fee to just answer. You are still able to post questions to me and receive answers, even after you have rated me. Thank you!)

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Tato. My apologies that the other expert responded before you were able to reply to my request for information. Take a look at this link:

You will see some categories there under the first column (Peru would be in the first column). Your mother, as the parent of a U.S. Citizen that is over 21 does not fit into those categories. She gets a visa immediately and can immigrate to the U.S. within 6 to 9 months or so which is the processing time. She is not waiting for a visa to be available, she is just waiting the processing time. Your brother, unfortunately, is in category F4, sibling of U.S. Citizen and it doesn't matter that he is a minor. The date there is 15SEP03. This means that I-130s filed on or before September 15, 2003 can now be used to immigrate to the U.S. So if you filed an I-130 for your brother let's say September 1, 2016, his Priority Date would be 01SEP16 which means he would have about a 13 year wait for 2003 to get to 2016. This is a waiting line of people that applied before you and nothing in the law allows for anyone to jump ahead of anyone else in line, not even in an emergency.

However, there is a common way around this, though it is not a convenient way. What you do is that you file for your mother as normal. She comes by herself to get her green card when it is time. As soon as she gets her green card in the U.S., she files an I-130 for your brother. Then he would be in category F2A, minor unmarried son of a U.S. Lawful Permanent Resident. The date there is 15NOV14. So he would probably have about a year and a half to two years to wait for a green card. He would come faster through your mother. And yes, I know that you don't want him separated from your mother. Perhaps there is no one to care for him or your mother just doesn't want to be separated. That's fine. There is a solution for that too. She can apply for a Re-Entry Permit on form I-131. This will allow her to be outside of the U.S. for up to 2 years. She can use it for multiple trips. If she needs more time, she comes back before the 2 years ends and then she can apply for one more Re-Entry Permit for 2 more years. If she still needs more time, she can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point she will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:

The point is that she would probably be in the U.S. just a few weeks or a month or two and could then go back and live with your brother until his turn comes through her petition. Then they can immigrate together. Yes, it means that your mother won't be living in the U.S. as soon as you may have hoped, but as I said, it isn't a convenient solution, but it is the solution we currently have under the law. Luckily he isn't close to turning 21 or then it would be a real big problem.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Nisha Jones, Esq. replied 1 year ago.

Good evening, just wanted to make sure you don't have any follow-up questions from our earlier conversation? I hope I was able to address all of your concerns.

Please take a moment to leave me a positive rating using the stars, this does not come at any additional cost to you, it's just the way attorneys are compensated for their time here on 'just answer'. And you are still able to ask me any additional questions and receive answers from me for free even after you rate me. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Tato. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.