I already have an immigrant petition filed for me. Can someone else file a petition for me in another category?

By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser Law Firm. 

QUESTION: I am from India. My brother is a US citizen and filed an F4 visa petition for me. Can I apply in another way that will allow me to get the visa faster, or do I have to sit and wait for years to be able to apply with this petition?

THE IMMIGRATION ANSWER MAN – ARI SAUER: 

I-130 Petition for Alien Relative (picture taken by Ari Sauer)

Having an immigrant petition filed for you in a particular preference category does not lock you in to only relying on that petition. If someone is eligible to have petitions filed in other preference categories, they can have more than one petition filed for them. For example someone who has an F-4 preference I-130 immigrant petition filed for them by a US citizen sibling, they are not barred from having another relative, such as a US citizen parent or spouse, file an I-130 petition for them as well. Or the person might have an employer that would sponsor them for either an immigrant petition (i.e, an I-140) or a nonimmigrant (temporary) visa type (i.e, an H-1B). Although there are some nonimmigrant visa types, (i.e., B-2 visitor visa) that might be more difficult to obtain when someone already has a pending or approved immigrant petition.

So I would recommend that you have a consultation with me or another experienced immigration attorney to determine what other visa options might be available to you now, or that you can work towards in the future. 

If you would like to schedule a consultation appointment with me to discuss your options, you can call my office at 901-507-4270 and my paralegal will assist you in scheduling an appointment. I am available to do consultations by phone or video, or in person at my office.

By Ari Sauer. 

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. Additional information about attorney Ari Sauer is available at http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything posted here, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the information provided here may not apply to your situation. Readers are cautioned to schedule a consultation with an experienced immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. The opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.