What if my petitioner dies after I-130 approved?

If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support.

How long does it take for a U.S. citizen to petition a sibling over 21?

If you’ve submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current.

Can the petitioner be changed?

This is so even though the I-130 petition was already approved. It is impossible to change the priority date. As for your United States citizen daughter, she can file a brand new I-130 petition on your behalf. It is not possible to “change” a petitioner from your brother to your daughter.

Can immediate relatives bring derivatives?

For immediate relatives: Immediate relatives who are the principal beneficiary of an I-130 cannot bring derivative beneficiaries. A separate I-130 petition must be filed for every single qualifying immediate relative. Once that parent becomes a green card holder, he/she may file a petition for the spouse and child.

What happens if qualifying relative dies?

Effect on Extreme Hardship if Qualifying Relative Dies. In general, INA 204(l) allows USCIS to approve, or reinstate approval of, an immigrant visa petition and certain other benefits even though the petitioner or the principal beneficiary has died.

What is the difference between petitioner and beneficiary?

As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary. For lawful permanent residents, an exception is made in the case for the beneficiary’s unmarried children.

How long does it take to sponsor sibling for green card?

The waiting time for siblings to get Green Cards is approximately 10 years. Based on the sibling’s country of origin, the time can be much shorter or longer. There is an annual cap of 65,000 Green Cards for siblings issued. Siblings have the longest waiting time out of all direct relatives of a U.S. Citizen.

Can I petition my sister in law?

No, you can not file for a sister in law.

Can my husband petition my sister?

Generally, U.S. citizens or permanent residents file an immigrant visa petition on behalf of a close relative. US citizens can sponsor their parents, spouse, sons and daughters (minors and adults, unmarried or married), and siblings.

Can I petition my mother and sister at the same time?

Which relatives may I petition for? A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters.

Is a spouse an immediate relative?

You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

What is derivative family members?

What is a derivative family member? A “derivative” visa applicant is the spouse or minor unmarried child (younger than age 21) of the beneficiary of an immigrant petition. Derivative family members can apply for immigrant visas with the beneficiary, who is considered the “principal” applicant.