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Before the New Immigration Bill becomes Law, should a U.S. citizen file for her brother or sister under the FB-4 Category?

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


Andrew P. Johnson

Immigration lawyer Andrew P Johnson is a prominent advocate within the immigration community and is regularly interviewed by major press organizations and invited to speak at diplomatic events regarding immigration law. The Law Offices of Andrew P Johnson represents corporations, diplomats, nonprofits, entrepreneurs, families, and individuals. Our immigration lawyers in New York City have represented and litigated thousands of cases throughout the country. Our Senior Partner, Andrew P. Johnson, was a government prosecutor until he started the immigration law firm in 1999. He has authored numerous articles on immigration and international matters which have been published by the American Bar Association and the American Immigration Lawyers Association. In 2013, Andrew P. Johnson was invited to speak to over 30 United Nation Ambassadors regarding the EB-5 visa investor program. In 2015, Mr. Johnson was invited to Washington DC to speak to over 40 United States Ambassador about the EB-5 investment program. Immigration lawyer Andrew P Johnson has been featured in the New York Times, interview by CBS, quoted by USA Today, Fox News, Washington Times, ABC, Indian Post, Associated Press, Radio Free America, Boston Globe, Chicago Sun-Times, along with over 50 other periodicals around the country.

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