East Setauket, NY Immigration Law Firms & Lawyers

You will get a decision in 2.5 to 3.5 years, depending on which processing center received the case. Processing time hardly matters, though, because your sister will not be eligible for an immigrant visa for 12 years, unless she is a Mexican (17 years wait) or a Filipino (23.5 years wait). The number of people who can immigrate on their relatives' petitions every year is limited; only 65000 immigrants a year come on petitions of their brothers and sisters; and one has to wait until all the people for whom petitions were filed earlier than his/hers receive their immigrant visas. (The queues for citizens of China, India, Mexico and Philippines are separate, because their U.S. relatives submit so many petitions that people from other countries would have very little chance to get an immigrant visa.) Your sister's place in this queue is determined by the date when you filed the petition, not by the date it gets approved. If you did not include in the petition packet some necessary document, USCIS will ask for it.

Explain your mistake in a letter to the Service Center that has your petition. Clearly reference the letter to the petition receipt number. Attach a corrected petition and a copy of the Form I-797 filing receipt and the transfer notice. Send everything by certified mail. Save a copy of everything you send and the certified mail receipt.