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Thread: Family Based Immigration

  1. #1
    My wife will soon be a US Citizen. (came here on K-1 from Philippines). Does anyone have information on when/if we can sponsor her parents and 2 siblings (under 21)? How long does the process take? Any ino or pointing in the right direction would be greatly appreciated.

  2. #2
    My wife will soon be a US Citizen. (came here on K-1 from Philippines). Does anyone have information on when/if we can sponsor her parents and 2 siblings (under 21)? How long does the process take? Any ino or pointing in the right direction would be greatly appreciated.

  3. #3
    As soon as she becomes a citizen she can apply for her relatives. See family based immigration on the USCIS website. All the information is there.

  4. #4
    While she can "apply" for her parents and siblings once she is a citizen, only her parents will be eligible for an immigrant visa immediately. Her siblings are subject to the quota restrictions as outlined by the U.S. Dept of State. THerefore unless the parents want to abandon their minor children for a better life in the U.S. her family is not going anywhere anytime soon.

    Brothers and sisters of adult USC are 4th preference and according to the Dept of State website the priority date (the date of the applciations currently being worked on) is October 1983.

    On the other hand, one parent could come and after they beome a USC (takes about 5 years after getting the green card) they could then apply for the children if they are still minors at that time.

    In summary:
    unless things change (and sometimes they do) it will be about 23 years before her brothers and sisters are eligible to come to the U.S. via their sibling. It will be about 5 years before they are eligible as minor children of a USC (provided a parent comes to the US now and the children are still minors in 5 years).

    This is all just my opinion and should not be considered legal advice. I suggest you go to the Department of State Web site and the USCIS web site and research the topic furhter on your own.

  5. #5
    Thanks Sugarpuff for the info. One of my wife's friends had told her that if her siblings are under 21, they can come along with the parents - when she sponsors her parents. So.....that assumption is incorrect????

  6. #6
    I have been getting conflicting information about my question. My wife talked to someone at the immigration office over the phone (yes, I know - can't take what they say to be true) and they said that if the children of the parents are un-married and under 21 years old then they can immigrate along with the parents when the parents are sponsored by a US Citizen.

    Anybody know for certain the rules on this? I have looked on the USCIS site and others, but can't seem to find a specific answer on this. Also, if this is True.....if the child turns 21 years old while the I-130 is in process - does that exclude that child from immigrating in that fashion?

    Any thoughts anyone?

  7. #7
    Same thing happened to us. Now my mother has a green card, but she can't stay here, because she has 10 years old son that she must take care of. I hope this year congress will realize
    how stupid this law is.

  8. #8
    kjv62803,

    in the instructions for I-130, under 2. For Whom May You File is a NOTE that lists under which paragraph separate petitions for dependants (spouse, children) are NOT required. A2 is NOT listed.

    A. If you are a citizen, you may file this form for:
    1)
    2) Your parent if you are at least 21 years old;

  9. #9
    Hi LADA, You have probably misguided by someone.Your mother can bring her 10 yrs old son with no restriction. It comes under minor son and daughter of permanent residence.I know my brother came when he was 14 yrs. U should contact some lawyers.This is law.Your brother suppose to get immediate green card.

  10. #10
    From another immigration law website:
    Q - I recently filed a green card petition for my mother. My mother has two minor children.
    How can I get my mother's children to come with her without filing for them separately?
    A - Unfortunately, this is a common question and a problem with no easy solution. Your mother's minor children are not entitled to come in as part of the same petition. You have a couple of options, none of which are likely to be what you want to hear:

    1. File for the kids separately (and wait the 12+ years for the priority dates to become current)
    2. Have your mother enter as a permanent resident and then re-file for the kids after that (and wait several years on those cases to become current)
    3. Have your mother enter on a non-immigrant visa and bring the kids as dependents (assuming your mother could qualify for a non-immigrant visa which may be a big assumption)
    4. Have the kids seek non-immigrant visas of their own (perhaps student visas) and then hopefully later be able to pursue a longer time visa strategy on their own or through you or your mother.

    http://www.visalaw.com/05jun4/3jun405.html

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