River Edge, NJ Immigration Law Firms & Lawyers

Usually the case law suggests that the examination is "continuing" from the initial application. However, the regulations indicate that the decision to grant or deny should be made within 120 days after the date of initial examination. So it depends on more facts to determine if the "initial examination" is continuing. This is a bit of a murky area to draw the line.

Currently in the month of July, immigrant visa availability is only open to those who filed I-130 petitions under the F-4 category for siblings of US citizens before February 8, 2007, except for natives of India, Mexico, and the Philippines who face longer wait times. So currently for your brother, the waiting time looks like approximately 14 years. If your brother has other ways to immigrate, he should explore those options. Your petition for him should be used as a backup only. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.