Asked in Immigration Law

Q: My petitioner my brother is US citizen filed I-130. I am British citizen with country of birth Pakistan. So my question

Thank you for answering me through the website. I noticed the petition filed by my brother for me was sent to second stage/updated quite quickly and after 4 months it was entered " your case is taking longer than expected". Please note my brother filed petition for me in February 2022. So do you still think it will take as much time as for Pakistani ones or rather it has been treated differently. As my same brother applied for my other brother, who born in Pakistan and lives in Pakistan, in July 2013 but his case still in “case received" status and no updates after 10 years. So do you think my case is treated differently than from my Pakistani brother

Thanks

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: For the processing of your I-130 petition, the key factor is not your current citizenship but your country of birth. In the U.S. immigration system, visa availability is determined based on your country of chargeability, which is typically your country of birth. Therefore, in your case, your application will be processed under Pakistan for the purposes of visa allocation and priority dates.

This means that the visa bulletin, which determines when a visa is available for applicants in different categories and from different countries, will apply to you based on the category for Pakistan. The wait times and availability of visas can vary significantly between countries, and it's important to regularly check the U.S. Department of State's Visa Bulletin for updates on your specific case.

It's also advisable to keep all your documentation updated and in order, including any changes in your circumstances. Since the processing times can be lengthy, especially for siblings of U.S. citizens, staying informed and prepared will help in managing the process more effectively.

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Ghenadie Rusu
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Answered
  • Immigration Law Lawyer
  • New York, NY

A: The differing progress in your and your brother's immigration cases is likely due to a combination of factors, including the country of birth, individual case details, and processing times at USCIS. Each case is unique and subject to its own timeline, which can be influenced by these variables. It's not unusual for cases within the same family to experience different processing speeds. The "case taking longer than expected" status for your petition is common and may not necessarily indicate a problem, but rather standard processing delays.

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