Minor sibling

[Yuliya Lipina 64]

Hello everyone!

I did some research on this forum concerning bringing my mom, my stepdad and my sibling to the States. The process seems to be fairly straightforward for parents. However, I have a question about bringing my sibling. She is a minor. If I apply for my mom, stepdad and my sister should I have to file three separate applications or can my sister be on my mom’s application since she is a minor? Also, does the fact that my sister is disabled influence the way the application should be filed: the same application as my mom’s or separate?

[geowrian 22,335]

Yes, you need to petition each of those beneficiaries separately. The sibling cannot be added as a derivative to the parent's petition (no derivatives for a parent).

The parents will take ~1 year to process.

The sibling will take ~12-15+ years (if the category is still around...). Yes, you read that correctly.

 

The alternative is to petition a parent (or both), then once they enter the US on the immigrant visa, they can petition for the minor child. Assuming the child remains under 21 (or is covered by CSPA), they will fall into the F2A category and it's a 2 year wait from there.

The (potential) issue is the parent(s) must maintain their permanent residency in the US during that period.

 

Being disabled is not a reason for refusal. However, the I-864 (Affidavit of Support) requires showing that the sponsor (or joint sponsor) is capable of providing support so they will not become a public charge. If her disability has a financial burden associated with it, that will need to be addressed since they will not qualify for most federal aid for at least 5 years.