Legal Question in Immigration Law in Florida

Petition for Alien Relative Form I-130

Recently me and my husband were granted the green card as a result of my daughter's application as an American Citizen. We now want to apply for our 16 year old son her brother. We know we can but who should do it? Us as permanent residents or my daughter as a Citizen? Wouldn't the fact that being a citizen applying would make the process transition easier?

My antecipated thanks.


Asked on 5/17/09, 8:00 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Petition for Alien Relative Form I-130

Okay, be careful what you say. You and your husband were granted lawful permanent resident by your U.S. citizen daughter's petition -- not as the result of her application as a U.S. Citizen Alright, if you were to file a petition for your son, a visa will not be available for him for approximately 5 years. If his sister petitions for him, it will take approximately 10 years -- yes, even if she is a U.S. citizen! The visa availability is very bad for all categories; it keeps getting worse instead of better. Now that your daughter is a citizen, I suggest she start writing to her Congressman and start requesting more visa numbers. The backlog is too many years for people to wait for their children. If you file for your son now, at age 16, he will not lose out when he turns 21, okay. So now is the time to do it. Maybe the visa numbers will get better. Good luck!

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Answered on 5/17/09, 8:38 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: Petition for Alien Relative Form I-130

Dear Inquirer:

Your petition as a parent filing for a child would fall under the Family Prefernce 2A category, through which a visa may be available in 4-5 years for your son, which is a substantially shorter wait than if your daughter files for him under the 4th preference. I recommend that both you and your husband file separate petitions for him.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/18/09, 7:29 pm


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