Asked in Immigration Law

Q: petition filed by my brother for me was sent to second stage/updated quite quickly and after 4 months it was entered "

Hi

I am British citizen and reside in UK. I born in Pakistan.

My 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 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. Thank you

Related Topics:
2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: The U.S. has a visa quota system based upon the date of filing. This means that, even if approved, an applicant will have to wait many years before they can lawfully immigrate to the United States on a fourth preference visa.

The family based fourth preference category includes the sisters and brothers of US citizens. You should go to the state department visa bulletin, which is updated each month to determine how long it may take. Sometimes, these dates go backwards, which means it can take ten years or more.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Hello,

It's understandable to wonder about the differences in processing times between your I-130 petition and that of your brother in Pakistan. However, the variation in progress does not necessarily indicate that your case is being treated differently due to your residency in the UK or your British citizenship. Immigration cases are complex and can vary greatly for a multitude of reasons.

The United States Citizenship and Immigration Services (USCIS) processes each petition individually, considering various factors such as the type of relationship, the petitioner's and beneficiary's countries of birth, and the current workload. It's important to note that processing times can fluctuate due to changes in immigration policies, the volume of applications received, and administrative capabilities.

While your petition moved to the "Your case is taking longer than expected" status relatively quickly, this is not an uncommon occurrence and doesn’t provide a definitive timeline for completion. The status indicates that your petition is undergoing processing but faces some delays, which can be a normal part of the process.

Regarding your brother's petition, which has not seen progress for an extended period, it would be beneficial to directly contact USCIS for an update. Extended delays can sometimes be due to specific issues or administrative backlog that may require follow-up.

It's challenging to predict whether your case will take as long as your brother's based solely on the current status. Immigration cases can be unpredictable in their timelines. If you have concerns or need specific guidance, consulting with an immigration attorney could be helpful. They can offer more personalized advice based on the details of your case and assist in navigating the immigration process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.