minor children of I-130 Mother & Father

[kjv62803]

We have filed I-130 forms for my wife's parents from the Philippines. They have a 17 year old daughter and 19 year old son (soon to be 20). What is the timetable and the steps necessary for the minor children to immigrate as well. My wife also filed a I-130 form for each of her siblings to get that time process started. We understand the sponsoring a sibling is a multi-year timetable.

We expect that her parents will arrive here in US sometime towards the end of 2007. Will the parents be able to petition for the 2 minor children once they arrive OR do they have to wait until they become naturalized? If they petition for the children prior to the children turning the age of 21, and then they AGE out during the process, what happens?

Thanks in advance for any constructive advice.

[kjv62803]

We have filed I-130 forms for my wife's parents from the Philippines. They have a 17 year old daughter and 19 year old son (soon to be 20). What is the timetable and the steps necessary for the minor children to immigrate as well. My wife also filed a I-130 form for each of her siblings to get that time process started. We understand the sponsoring a sibling is a multi-year timetable.

We expect that her parents will arrive here in US sometime towards the end of 2007. Will the parents be able to petition for the 2 minor children once they arrive OR do they have to wait until they become naturalized? If they petition for the children prior to the children turning the age of 21, and then they AGE out during the process, what happens?

Thanks in advance for any constructive advice.

[kjv62803]

forgot to mention that the 17 year old has epilepsy. Does this change anything?

[aneri]

Minor or not, children do not get derivate status if their parent(s) is/are sponsored by US citizen child. That US citizen child can sposor his/her siblings seperately. I uderstand that's what your wife has done.

The parents, once they are permanent residents, can petition for their children.

It takes about 5 years for a minor child to get an interview (priority date becomes current) for immigrant visa if sponsored by a PR parent (F2A).

If child ages out, the case is moved into the category F2B.

For a child over 21, waiting time is now 11 years (F2B).

"Ageing out" is not simple turning 21. It is determined by a formula:
age for immigration purpose = age at the time priority date becomes current - #days I-130 had been pending

For example: the daughter may be 23 in 2012 (when, let's assume, the PD Dec 2007 (date parents petition for her) will be current), and if I-130 is going to be approved in Dec 2010, she will be considered minor (23-3=20). But if I-130 is going to be approved in a year or two, she will age out and be put in F2B category.

Now, if parents naturalize, the children's age will be "locked in" at the date of naturalization. Parents can only naturalize in 5+ years, so both children would be over 21 and in category F1. In most cases, children (minor and over 21) benefit from parents' naturalization (shorter waiting time) BUT, at the moment, the wait for children over 21 from Phillipines, petitioned by USC parents is 15 years (longer than if petitioned by PR parent). The strategy is, if parents get naturalized, to opt-out from upgrading the petition.

Hope it helped a little...processing times and waiting times for an immigrant visa to become available change over time, so it is difficult to say what will happen in this case.

[RationalE]

What an unfortunate family you have, kjv2803.
Ever since the major landslides in Philippines they weren't able to join your wife?