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Immigration Issues/I-130 petition for married daughter

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Question
Hello Mr. Arora,

I am Hiral Mehta from Toronto, Canada. My parents and brother just got their citizenships through naturalization in Texas. Now they want to file petition I-130 for me. I am married and living with husband in Toronto. My questions are,
1) If we go for F3 category petition, my father would file for me. Current timeline for application to be current is 10 years. What if my father will no longer there by the end of 10 years? Is this petition is transferable at that time to my mother or brother's name?
2) To avoid above said uncertainty, should we file two separate I-130 under my father and mother's or brother's name?

Thank you.

Answer
Hi,

Depending on the health (and projected health) of your father and/or mother, it is prudent to file an I-130 petition in the F3 category both through your father (and/or mother) as well as through your brother in the F4 category: www.h1b1.com/sponsor.htm

An I-130 can be filed only by a single petitioner, and is not transferable. Thus, if your father files for you, and unfortunately passes away, the petition cannot be "transferred" to your mother.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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