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  #1  
Old 03-03-2010, 01:21 PM
belz73 belz73 is offline
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Default I 130 for sister

I am a US Citizen and have applied for immigrant visa for my unmarried sister in 2007.

A year ago my parents migrated to the US and are now GC holders.

Since the FB Immigration for 4th preference takes too long, I am consideriing transfering the petitioner as my parents.

Do I request a transfer for petitioner (not sure if there is such a process) or do my parents apply for another I 130?
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  #2  
Old 03-03-2010, 03:56 PM
dealsnet dealsnet is offline
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Default Fresh

Your parents can file a separate petition. You can't transfer Priority date.
It will be a fresh petition. But need to mention your petition, if you didn't withdraw yours.

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Originally Posted by belz73 View Post
I am a US Citizen and have applied for immigrant visa for my unmarried sister in 2007.

A year ago my parents migrated to the US and are now GC holders.

Since the FB Immigration for 4th preference takes too long, I am consideriing transfering the petitioner as my parents.

Do I request a transfer for petitioner (not sure if there is such a process) or do my parents apply for another I 130?
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  #3  
Old 03-03-2010, 08:16 PM
belz73 belz73 is offline
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Default

[quote=dealsnet;1585269]Your parents can file a separate petition. You can't transfer Priority date.

Do you know if which one is faster (processing time) under me as a petitioner or under my parents?

I didn't want to apply another I 130 thinking that my notrice date is Apr 2007 and Texas Visa Center is processing April 2005 at this time.

If I do a NEW petition under my parents, I will have to wait for the processing time again.
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  #4  
Old 03-03-2010, 11:07 PM
ImmigrationAnswerMan ImmigrationAnswerMan is offline
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Default

The filing of an I-130 by another relative will not have any affect, positive or negative, on your petition.

For both petitions the processing times are almost irrelivant since the petitions will be adjudicated well before a visa becomes available. You need to be more concerned about the Department of State Visa Bulletin. That will give you an idea of the length of time it will take for either petition to result in a visa for your relative.

*This information is for educational purposes only and should not be relied upon as legal advice. This information should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney client relationship.
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  #5  
Old 03-04-2010, 09:51 AM
dealsnet dealsnet is offline
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Default Pd

Processing times and priority dates are diffrent.
He filed for his sister in 2007, and want to know to transfer that PD to the new filing.
(Instead of BROTHER/SISTER TO GC PARENT CHILD)
Processing times is irrevalent here.

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Originally Posted by ImmigrationAnswerMan View Post
The filing of an I-130 by another relative will not have any affect, positive or negative, on your petition.

For both petitions the processing times are almost irrelivant since the petitions will be adjudicated well before a visa becomes available. You need to be more concerned about the Department of State Visa Bulletin. That will give you an idea of the length of time it will take for either petition to result in a visa for your relative.

*This information is for educational purposes only and should not be relied upon as legal advice. This information should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney client relationship.
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  #6  
Old 03-04-2010, 10:06 AM
ImmigrationAnswerMan ImmigrationAnswerMan is offline
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Dealsnet:

I am aware that processing times and priority dates are different. And you had already answered Belz's question about whether he can transfer the priority date. So I did not feel that I needed to restate your answer.

But he then asked which petition is faster in relation to the processing time at the Texas Service Center. Which is why I pointed out that the TSC processing times are not what he should be looking at, but rather he should be looking at the Department of State Visa Bulletin visa availability times, as that will let him know what the relative wait time is for his F-4 petition verses his parents F-2 petition.
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Ari J. Sauer, Esq.
Siskind Susser, P.C- Immigration Attorneys
1028 Oakhaven Road
Memphis, TN 38119
(901) 682-6455
www.visalaw.com
www.immigrationanswerman.com
Follow me on Twitter at http://bit.ly/ZlCyM
Follow me on Facebook at http://bit.ly/9XEXP

Licensed in NY & NJ.
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