Legal Question in Immigration Law in New Jersey
relative petition from the philippines
my sister petition her brother and sister in the philippines wayback in 1980 and as of now they have not received their visa yet. as informed by the ins that their visa will be available on the next three years. my mother would like to upgrade their petition since she was already a u.s. citizen. is it possible to upgrade their papers by applying another form to be petition by the mother instead of a sister so they cuold come here to u.s. in a shorter time? what ins form to be used if possible?
2 Answers from Attorneys
Re: relative petition from the philippines
While I would need more details about the situation, your U.S. citizen mother can apply for her married or unmarried children. The wait time would depend on the priority date and the type of preference category.
If you wish to consult with our office about the possibility of your mother filing a petition for her children overseas, please do not hesitate to contact me. Our office may be able to help with the process.
Re: relative petition from the philippines
Did your mother ever file for your brother in the past or was it only your sister that filed for him? Your mother will need to file her OWN petition for him and will not be able to preserve the other priority date. Feel free to give us a call and we might be able to give you some more ideas once we know the details of the case.
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