petition now? need expert advice...

  1. My wife will be graduating BSN in March '08 here in Manila then apply for Cali-NCLEX. His brother is a naturalized US citizen (they took their oath last week) and can petition my wife anytime he chooses to do so. Assuming that my wife passes the Cali-NCLEX (sometime september-december '08) then applies for work in a California-based Hospital, will it speed things up if his brother petitions him NOW so that soon after my wife passes the CAli-NCLEX and applies for work in a Cali Hospital that will sponsor her, she won't need to wait the usual 12-20 months for visa processing? To make it more simple, will it save us time if her brother petitions her now?
    Last edit by dindog on Nov 22, '06
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  2. 21 Comments

  3. by   lawrence01
    I think her brother is presuming that petitioning his sibling via family-based petition is faster than being petitioned on an Employment-based petition for nurses.

    Even if we are in retrogression being petitioned for Employment-based for nurses is still a lot faster and the process can be started even during retrogression from packet 1-3 but will wait until it is lifted for packet 4.

    I suggest in consulting a competent immigration lawyer but they will advice against Family-based petitions if they know that being petitioned for employment-based is an option, esp. for nurses and PTs who are fast-tracked already compared to the other EB categories.

    Please note the dates on F-4 (Petition for siblings).
    Visa Bulletin For December 2006
    Last edit by lawrence01 on Nov 22, '06
  4. by   Rep
    Quote from dindog
    My wife will be graduating BSN in March '08 here in Manila then apply for Cali-NCLEX. His brother is a naturalized US citizen (they took their oath last week) and can petition my wife anytime he chooses to do so. Assuming that my wife passes the Cali-NCLEX (sometime september-december '08) then applies for work in a California-based Hospital, will it speed things up if his brother petitions him NOW so that soon after my wife passes the CAli-NCLEX and applies for work in a Cali Hospital that will sponsor her, she won't need to wait the usual 12-20 months for visa processing? To make it more simple, will it save us time if her brother petitions her now?
    If you check the Visa Bulletin December 2006, for US citizens (4th category) petitioning their brothers and sister, Priority Dates (PD) for processing is June 01, 1984. That means they are processing visas for petitions filed before June 1, 1984. Thats 22 years of waiting for them.

    Employment based petitions (EB3) are much faster even if there is a retrogression. And EB3 retrogressions does not last long because of the shortages here, US Congress would find ways to release employment-based visas to ease the backlogs. They did that in 1999 and 2005.

    In my opinion, by the time your wife will be graduating, the retrogression would be gone already if the US congress will do something on it next year.
  5. by   dindog
    I know that sibling-based petitions take longer than employment-based petitions. What I would like to know is will my Brother-in-law's petitioning my wife now speed things up when the time comes a hospital is sponsoring us for immigrant visas? Would'nt it be faster since her application is already in US Immigration's hands for two years come Dec '08? All the hospital's got to do is follow-up on her petition and make some few changes, isn't it?

    Thanks for the reply, rep, lawrence.
  6. by   Rep
    Quote from dindog
    I know that sibling-based petitions take longer than employment-based petitions. What I would like to know is will my Brother-in-law's petitioning my wife now speed things up when the time comes a hospital is sponsoring us for immigrant visas? Would'nt it be faster since her application is already in US Immigration's hands for two years come Dec '08? All the hospital's got to do is follow-up on her petition and make some few changes, isn't it?

    Thanks for the reply, rep, lawrence.
    Employment-based and family-based petitions are two different things. You can not put these two together.

    And things don't work the way like the hospital following up the family-based petition to move things fast as said they are not the same.
  7. by   john83
    Quote from dindog
    I know that sibling-based petitions take longer than employment-based petitions. What I would like to know is will my Brother-in-law's petitioning my wife now speed things up when the time comes a hospital is sponsoring us for immigrant visas? Would'nt it be faster since her application is already in US Immigration's hands for two years come Dec '08? All the hospital's got to do is follow-up on her petition and make some few changes, isn't it?

    Thanks for the reply, rep, lawrence.
    It wouldn't speed up things; consider it just like having a chariot(sibling petition) converted/upgraded to the fastest airplane(Schedule A) when the file is processed(the file is lifted from one cabinet and transferred to the faster one in the case of two petitions). Only one petition can be done at a time I guess, and usually it would favor the faster route.
    Last edit by john83 on Nov 23, '06
  8. by   Silverdragon102
    Quote from dindog
    I know that sibling-based petitions take longer than employment-based petitions. What I would like to know is will my Brother-in-law's petitioning my wife now speed things up when the time comes a hospital is sponsoring us for immigrant visas? Would'nt it be faster since her application is already in US Immigration's hands for two years come Dec '08? All the hospital's got to do is follow-up on her petition and make some few changes, isn't it?

    Thanks for the reply, rep, lawrence.
    No it would not make any differences and in fact may hinder her aplication.
  9. by   lots_of_luv
    I still have 8 semesters to go before graduating from a BSN. I've asked my mom who is a us citizen to petition me now an unmarried daughter over 21 years old... does that mean that things will only be complicated if they petition me now and I am petitioned later by an employer? I just want them to petition me now as a fall back to whatever happens later... since it can take 9 years to 20 years for that kind of petition. Does that mean that when an employer petitions me, they will see that I already have a petition pending? Can someone shed some light? Thanks.
  10. by   augigi
    If you know you will be applying for a green card via employment, why would you need to get your mum to petition you as well? You can only have one green card. Even if she did it today, you won't get even close to getting there sooner than you can through a job. There is just no point, unless you think you won't graduate nursing school.
  11. by   dindog
    to those who replied to this thread, thanks. i appreciate it. i guess you're all right. thanks again.
  12. by   suzanne4
    Quote from dindog
    I know that sibling-based petitions take longer than employment-based petitions. What I would like to know is will my Brother-in-law's petitioning my wife now speed things up when the time comes a hospital is sponsoring us for immigrant visas? Would'nt it be faster since her application is already in US Immigration's hands for two years come Dec '08? All the hospital's got to do is follow-up on her petition and make some few changes, isn't it?

    Thanks for the reply, rep, lawrence.
    It will slow things down, and you cannot have two petitions in progress for the green card at the same time, they will auromatically cancel the other one out. One petition has absolutely nothing to do with the other, and the process starts over from Day One.

    You are going to cause more problems for your family with this route.
  13. by   lots_of_luv
    Who plans on not graduating from college? I was just thinking of a fall back because anything can happen between now and 8 semesters from now. My grandma is 77 and she is the one shouldering my college expenses. I have no relatives in the country and the only person taking care of my 2 little girls is my maid.. and yes it's sad that when she has problems at home I don't get to go to school. Ahhh, it's so hard to find a maid when you don't have relatives. Literally no relatives cause all of them are in the states. I pray to God every night that everything goes smoothly and that I finish school asap. I don't know why you would think something negative like that. I'm sure dindog and I were just figuring some things out. Thanks to all that replied too.
  14. by   augigi
    Excuse me, but I was not thinking anything negative, only posting to help answer your question.

    I merely said if you were worried about not graduating nursing school then it may make sense to apply for the family petition as a backup. Some people for various reasons have a hard time getting through school and need to have other options available - but I did not suggest that you were one of them.

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