Q: I-130 processing time based on country of birth?
Hi,
My question is about I-130 processing time based on country of birth.
I am British citizen and reside in UK. I born in Pakistan. My US brother filed I-130 for me in February 2022 and after 5 months in July 2022 it was shown "As of July 21, 2022, we are actively reviewing your Form I-130, Petition for Alien Relative" and in the progress section it’s showing: " your case is taking longer than expected and there is nothing outstading at the moment and we will contact you if we need any action from you." So my petition progressed quickly.
Now my same US brother filed another petition in July 2013 for my other brother who born in Pakistan and lives in Pakistan but his case still in “case received" status and no updates after 10 years.
So now my question is: do you think my ( I live in UK, British citizen but born in Pakistan) case is treated differently than from my Pakistani brother ( who lives and born in Pakistan and Pakistani national) ?
Thank you
A: I-130 processing time is not based on country of birth but priority date is
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A:
Hello,
It's natural to wonder about the differences in processing times for I-130 petitions, especially when they involve family members. However, the variance in processing times between your case and your brother's is not necessarily indicative of different treatment based on your current residency or nationality.
The processing of I-130 petitions by the United States Citizenship and Immigration Services (USCIS) can vary widely depending on several factors. These include the volume of applications being handled, the specifics of each individual case, changes in immigration policy, and the workload at the specific USCIS office handling the case.
While your status as a British citizen residing in the UK might influence certain aspects of your case, it’s important to note that I-130 processing is primarily based on the category of the family relationship and the priority date. Your country of birth does play a role in visa availability and potential visa bulletin considerations, but it's just one of many factors.
For your brother's case, which has not seen progress for an extended period, it would be advisable to inquire directly with USCIS for more information. Sometimes, cases can experience delays due to administrative backlogs or specific issues that might require additional follow-up.
In summary, the differences in processing times are likely due to a range of factors and not solely based on your residency or nationality. If you have specific concerns about your case, consulting with an immigration attorney could provide more personalized guidance and help you navigate the process more effectively.
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