Wendy

Hi, everyone:

This is a great site. Thank you in advance for any advice or thoughts
regarding how to immigrant my parents and brother. I am currently a
conditional permanent resident. Next July I can have condition removed, and
one year later I can have citizenship.

1. My brother is a software engineer in China. He can choose "technician
immigrant" to Canada at a low cost. My question is if he becomes a Canadian
passport holder, will it take short time for him to immigrant from Canada to
America?

2. How long will it take if I immigrant mybrother and parents when I become
a US citizen? Can my husband immigrant brother-in-law and parents-in-law?

Ian-Mstm

    > Hi, everyone:
    > This is a great site. Thank you in advance for any advice or thoughts
    > regarding how to immigrant my parents and brother. I am currently a
    > conditional permanent resident. Next July I can have condition
    > removed, and
    > one year later I can have citizenship.
    > 1. My brother is a software engineer in China. He can choose
    > "technician
    > immigrant" to Canada at a low cost. My question is if he becomes a
    > Canadian
    > passport holder, will it take short time for him to immigrant from
    > Canada to
    > America?
    > 2. How long will it take if I immigrant mybrother and parents
    > when I become
    > a US citizen? Can my husband immigrant brother-in-law and
    > parents-in-law?

Being a Canadian citizen will not shorten the time it takes to immigrate
to the US. You can not sponsor him.



You can not sponsor your brother. It will take anywhere from 6 months to
2 years to get your parents to the US.



No.

Ian

Rete

    > Hi, everyone:
    > This is a great site. Thank you in advance for any advice or thoughts
    > regarding how to immigrant my parents and brother. I am currently a
    > conditional permanent resident. Next July I can have condition
    > removed, and
    > one year later I can have citizenship.
    > 1. My brother is a software engineer in China. He can choose
    > "technician
    > immigrant" to Canada at a low cost. My question is if he becomes a
    > Canadian
    > passport holder, will it take short time for him to immigrant from
    > Canada to
    > America?
    > 2. How long will it take if I immigrant mybrother and parents
    > when I become
    > a US citizen? Can my husband immigrant brother-in-law and
    > parents-in-law?

Your USC husband cannot sponsor your parents or your brother. If you
were a USC and sponsored your parents they would fall into the immediate
relative category. Your brother would fall into Family Preference
category 4. The wait for him can be up to 12 years. If he migrates to
Canada, it will do absolutely nothing to shorten the waiting time for
your sponsorship of him to the US. If he has the credentials and can
find an employer, he might be able to obtain a H-1B work visa.

Folinskyinla

    > Your USC husband cannot sponsor your parents or your brother. If you
    > were a USC and sponsored your parents they would fall into the
    > immediate relative category. Your brother would fall into Family
    > Preference category 4. The wait for him can be up to 12 years. If he
    > migrates to Canada, it will do absolutely nothing to shorten the
    > waiting time for your sponsorship of him to the US. If he has the
    > credentials and can find an employer, he might be able to obtain a H-
    > 1B work visa.

Hi Rete:

Where is the 12 year limitation on FB-4 waiting time? [BTW, I STILL
think of it as the "Fifth Preference" -- its only been 15 years since
the change, give me time].

That one slipped by me.

Rete

    > Hi Rete:
    > Where is the 12 year limitation on FB-4 waiting time? [BTW, I STILL
    > think of it as the "Fifth Preference" -- its only been 15 years since
    > the change, give me time].
    > That one slipped by me.

Yes the new 2A and 2B throws everything off, doesn't it.

12 years is the wait for most countries and this poster's family is from
China and I admit to a mistake in not going to the CIS site and checking
the timelines for China. Is it longer?

Folinskyinla

    > Yes the new 2A and 2B throws everything off, doesn't it.
    > 12 years is the wait for most countries and this poster's family is
    > from China and I admit to a mistake in not going to the CIS site and
    > checking the timelines for China. Is it longer?

Hi:

The priority date cutoff is in 1993. That does NOT mean a 12 year wait.
However, this is a quite common misconception. The analogy I often give
is the movie theater line -- the movie is so long, there are so many
seats in the theater. Assume that the movie is 2 hours long, there are
150 seats in the theater, you get in line at 7:30 pm and you are told
that people who got in line before 6:48 pm will get into the 7:35 show
-- how long before you get in? [hint -- no way to answer it without
more information].

In the OP scenario, the wait may be OVER 12 years or it may even be
quicker. I'm willing to be it will be over. My advice, file for
everything, even the FB-4 -- you might end up being glad you did 15
years from now when everything else has failed to work.

BTW -- I still think in terms of P-1 -- unmarried sons/daughters of
USC's, P-2 unmarried sons/daugthers of LPR's plus unused P-1's, P-3
professionals, P-4 married sons/daughters of USC's plus unused P-1 & P-
2, P-5 brothers/sisters of USC's over 21 plus unused P-1's, P-2's and
P-4's, P-6 workers plus unused P-3's.

The 1990 Act set up a largish total quota which includes immediate
relatives and then sets up separate EB and FB systems [with unused EB/FB
numbers going over to the "other side" the next year]. Immediate
relatives are entitled to all the numbers they can use [and in fact, are
not subject to limitation]. IR visa issuance limits the amount of EB/FB
visas available, but this limitation has a "floor" of 117,000 per year.

Got that? Understand it? I certainly don't and I am one of the few
attorneys who have actually litigated visa allocation [Olivares v. INS,
9th Cir. 1982, in case you are interested.].