Hi MrsWalker Huntington,
I am a 57-year-old male of Jamaican nationality. My siblings consist of one sister and five brothers, of whom my parents produced only my younger brother and I. All of my siblings are United States citizens by nationality.
Further, my adult daughter, who is married to a United States man, is also a United States citizen.
Since 1979, I have been the holder of a United States multiple indefinite B1/B2 visa, and have visited the United States on several occasions during this period.
I understand the window of opportunity for siblings to file immigration papers for permanent residency in the United States of America is coming to a close. Therefore, I would like to make use of this opportunity while it still exists.
I have asked my siblings to see if they can help me realise this dream. My sister is willing. So, I am writing to you, seeking your guidance on this matter.
The United States Senate passed a bill, S.744, 'The Border Security, Economic Opportunity, and Immigration Modernization Act', that includes a section that would eliminate the brother/sister category. This means that if an immigration bill passes in the House of Representatives (Congress), and the President of the United States signs the bill into law, and the final bill has the same provision to eliminate the brother/sister filing - then US citizen siblings will no longer be able to file for siblings.
Since we do not know if, and how a final immigration bill will look, i.e. what provisions from the Senate bill will survive in the House, and in a final joint bill, immigration lawyers are strongly suggesting that if you have a US citizen sibling, and you think that you may want to live in the United States, you should let your US citizen sibling file the petition for you now.
Another section of the S.744 bill, is that the waiting period for persons who have petitions submitted, when the bill becomes law, will be expedited.
This means that while it is now taking approximately 12 years in the F4 - brother/sister category, it should take a lot less if the bill becomes law in its current state.
You mentioned that your daughter is a US citizen, she can file a petition for you, and you would be considered an immediate relative, and your petition should be processed in nine months to one year.
A possible delay in processing your daughter's petition might be if you were never married to her mother, and or your name was added late to her birth certificate.
If that is the case, then you may be requested to take a DNA test, and to prove that you had a parent/child relationship with your daughter before her 18th birthday.
If you were unaware of your daughter until she reached adulthood, it is not impossible for her to file for you, just significantly more difficult.
Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and personal-injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email: firstname.lastname@example.org.