If the Senate Immigration Bill becomes law, it will eliminate the right for US Citizens to file for their Brother or Sister (FB-4 Category). Many people are filing for the I-130 application immediately before the New Immigration Law is passed.

There is a positive reason and a negative reason to file the I-130 application. The positive reason to file is that if the law passes, the US Citizen will no longer have this option and they should take advantage of present law.

However, the brother or sister waiting outside the United States may have a problem getting a B-2 visitor visa, an F-1 student visa or an E-1 of E-2 investor visa while they are waiting for their permanent residency application to process (which will take many years). At the embassy, officers will always ask the brother or sister if anyone has filed a green card application on their behalf. The brother or sister will have to answer yes and that is considered a negative in the temporary visa application process since the green card application shows an intent to live in the United States permanently. So if the brother or sister has no intention on applying to the United States Embassy regarding the above visas, then it makes sense to file the I-130 in FB-4 category.

The language of the new proposed law addressing the FB-4 category is below:

Family-Based Immigrants: Move the current FB-2A category into the immediate relative classification, allow for derivatives of immediate relatives, eliminate the FB-4 category, cap the age of eligibility of married sons and daughters of U.S. citizens at 31, and bring back the V visa.

New York City Immigration Lawyer Andrew P. Johnson and his staff invite you to join our immigration email list at apjlaw@gmail.com