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  • petitioning parents with minor sibling

    I'm a USC and would like to petition for my parents and my 12 yr old sister to come live in the US. A lawyer I talked to said there are no derivative beneficiaries for immediate relative petitions. This means I will have to petition for my sister as a sibling (4th preference), which could take 10-20 years, or wait for my parents to get their green card and then have them petition for my sister (2nd preference), which could take around 6 years. I just can't believe that there's no faster way to bring her here. Why did the Child Protection Act not cover this scenario? Is there really no way around this?

  • #2
    I'm a USC and would like to petition for my parents and my 12 yr old sister to come live in the US. A lawyer I talked to said there are no derivative beneficiaries for immediate relative petitions. This means I will have to petition for my sister as a sibling (4th preference), which could take 10-20 years, or wait for my parents to get their green card and then have them petition for my sister (2nd preference), which could take around 6 years. I just can't believe that there's no faster way to bring her here. Why did the Child Protection Act not cover this scenario? Is there really no way around this?

    Comment


    • #3
      Your lawyer is correct; you will need to sponsor your parents as immediate relatives, and your sister as fourth preference. The fact that your sister is a minor is irrelevant in this circumstance.

      I will remind you that you made the choice to immigrate to America...and it is NOT really America's responsibility to reunite your family. If you truly wish to live with your family in the immediate term, perhaps you can return to your country of origin.

      Comment


      • #4
        SunDevilUSA You are a senior member and I know you are right. But you could have said this in a softer tone. You do not have to be rude.

        Thanks

        Comment


        • #5
          Young Man: I disagree that my comments are rude, but I acknowledge that they are, perhaps, not said in the softest tone.

          My intent was to try to put this situation into some realistic perspective, and forestall the almost inevitable bellyaching about it all being America's fault.

          The original poster has already hinted that he thinks that the system is somewhat unfair...and preventing the reunification of his family.

          Quote: "Why did the Child Protection Act not cover this scenario?" In other words: "When I immigrated to America, the United States Government should have known that I was going to bring my entire family at the first possible opportunity...and should have made suitable accommodations for same."

          I was simply trying to remind the original poster that he made the choice to leave his family and immigrate to America. That is the same decision that I made, but I don't expect the United States to be responsible for reuniting my family.

          The original poster should also be aware that a similar situation as his would occur if, for example, he sponsored his biological mother, but she had recently remarried; no derivative immigration benefits would accrue to her new husband.

          Those are the rules.

          Comment


          • #6
            Actually, I wasn't making a negative remark about America. I wouldn't have chosen to get naturalized if I didn't believe in America's ideals. This is exactly why I had chosen to give my allegiance to the US, because of the how people's rights are protected here. I wasn't bellyaching either. That was merely an expression of my disbelief that for a country that cares so much for not breaking up families (that's why you have these derivative laws for the preference categories), it's just natural to wonder why this was overlooked, or if there actually is a good reason for this exception. Even the lawyer I talked to and some articles I've read on this topic call this a 'quirk' in the system.

            Comment


            • #7
              I would not have thought that most people would expect Parents to abandon a 12 year old, so the issue of breaking up families does not apply.

              The US has very generous Family based immigration laws, but even it has limits.

              Comment


              • #8
                SunDevilUSA: Thank you so much for taking time to explain in detail. It sure will help the postor.

                Comment


                • #9
                  Lani129: I apologize for jumping to conclusions with regard to your thoughts on this issue...I guess that I've been reading the posts on this discussion board for so long that I automatically default to cynical.

                  My understanding is that, because you must be an adult to sponsor family members, it is generally assumed that the sponsorship of parents will not involve minor siblings (or at the very least siblings as young as yours).

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Young Man:
                    SunDevilUSA You are a senior member and I know you are right. But you could have said this in a softer tone. You do not have to be rude.

                    Thanks </div></BLOCKQUOTE>

                    WHO #UCKING CARES THAT HE IS A SENIOR MEMBER?!

                    He's only a senior member because he's a lowlife busy-body with no life and nothing better to do than come here and run up his post count (which was the ONLY thing that made him a "senior" member) while lecturing and insulting people. He's a douchebag.

                    More like just a member...as in a tool.

                    Comment

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