Help - Search - Members - Calendar
Full Version: Petitioning for parents and minor sibling
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America

0xdeadbeef
I filed N-400 (I obtained it through marriage to USC), and my FP is in 2 days. My intention is to petition for my parents immediately, something that should be fairly straight forward. Now, I am wondering what to do about my little sister, who is 14 yrs. old. When I bring in my parents, would she be automatically in as well, or I would need to petition her as unmarried sibling of USC, or wait until my parents become USC so they can petition her?
JA Tam
QUOTE(0xdeadbeef @ Feb 13 2008, 09:51 PM) *
I filed N-400 (I obtained it through marriage to USC), and my FP is in 2 days. My intention is to petition for my parents immediately, something that should be fairly straight forward. Now, I am wondering what to do about my little sister, who is 14 yrs. old. When I bring in my parents, would she be automatically in as well, or I would need to petition her as unmarried sibling of USC, or wait until my parents become USC so they can petition her?

I had a similar issue with filing for my dad and little brother who is 5 years old. I was advised by USCIS that I have to file a separate I-130 for my little brother, but request that his case is done with my dad since he is a minor. I was just afraid that his petition would not make it with my dad's, so I decided to put my dad's papers through and then he can put through for lil bro while an LPR and I will be a co-sponsor on the Affidavit of Support.
Best of luck to you with your citizenship!
Chris Parker
QUOTE(0xdeadbeef @ Feb 13 2008, 09:51 PM) *
I filed N-400 (I obtained it through marriage to USC), and my FP is in 2 days. My intention is to petition for my parents immediately, something that should be fairly straight forward. Now, I am wondering what to do about my little sister, who is 14 yrs. old. When I bring in my parents, would she be automatically in as well, or I would need to petition her as unmarried sibling of USC, or wait until my parents become USC so they can petition her?

Parents are immediate relatives, a petitioning category which does not allow derivatives to accompany or follow to join. Separate petitions are needed to bring their relatives.

So, unfortunately, your little sister will need to be petitioned for separately as the brother/sister of a USC after you naturalize and/or as the minor child of a permanent resident after one of your parents enters the U.S. with an immigrant visa. Both categories have waiting lists, you need to check the Dept. of State's monthly visa bulletin to determine how long the wait currently is.
sweetysheila
Are you saying that my litle sister will be left by my parents once their petition is approved?I think it's possble that a minor child will accompany my parents once their visa is approved.No need to apply for a separate petition?
Does anyone has a similar case like this?Especially those who were approved .
Thanks.

Need your help...
Mononoke28
Yes, if the parents are approved under the I-130 that she files, the child cannot come with them just because they're related. The visas will only be approved for the parents and right now the waiting time for siblings, who are in a totally different category, is about 9+ years.

Diana
RDan19
QUOTE(sweetysheila @ May 9 2008, 02:42 PM) *
Are you saying that my litle sister will be left by my parents once their petition is approved?I think it's possble that a minor child will accompany my parents once their visa is approved.No need to apply for a separate petition?
Does anyone has a similar case like this?Especially those who were approved .
Thanks.

Need your help...


Please consult an attorney. There are other ways around this for example getting a tourist visa for you the minor along with one of the parents. Then when they arrive in the US. then petition them. They can stay in the US while the petition process proceeds.. I heard that one being used before. Maybe it has change..
Mononoke28
In reality though, I think the CO would have a hard time approving the tourist visa knowing that the parents will be LPRs in the US. But if she does get it, she will have to stay illegal for years until it's her turn to interview.

Diana
Boiler
QUOTE(RDan19 @ May 15 2008, 06:15 AM) *
QUOTE(sweetysheila @ May 9 2008, 02:42 PM) *
Are you saying that my litle sister will be left by my parents once their petition is approved?I think it's possble that a minor child will accompany my parents once their visa is approved.No need to apply for a separate petition?
Does anyone has a similar case like this?Especially those who were approved .
Thanks.

Need your help...


Please consult an attorney. There are other ways around this for example getting a tourist visa for you the minor along with one of the parents. Then when they arrive in the US. then petition them. They can stay in the US while the petition process proceeds.. I heard that one being used before. Maybe it has change..


But it does explain why it is so difficult to get a Visitors Visa from certain countries.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.