Follow to join-still possible for kids??

[happypuppy 0]

This question is for my aunt. She was petitioned by her brother. In 2006, her visa got approved together with her husband and 3 minor kids. Since they dont have permanent work yet, only my aunt and her hubby went here in the US leaving behind their 3 minor kids. 3 years after (present time), they are now ready to get her kids..Kids are still minor.

My question: can she still use the same case number that was approved in 2005 since the children were included in that petition? i have heard of something called FOLLOW-TO JOIN. Are the children eligible for that? If so, what are the steps my aunt need to do? or she needs to file a new petition?

[aaron2020 11,651]

This question is for my aunt. She was petitioned by her brother. In 2006, her visa got approved together with her husband and 3 minor kids. Since they dont have permanent work yet, only my aunt and her hubby went here in the US leaving behind their 3 minor kids. 3 years after (present time), they are now ready to get her kids..Kids are still minor.

My question: can she still use the same case number that was approved in 2005 since the children were included in that petition? i have heard of something called FOLLOW-TO JOIN. Are the children eligible for that? If so, what are the steps my aunt need to do? or she needs to file a new petition?

Your uncle and aunt made a big mistake. There is no way for their children to do follow to join. Visas are only good for six months. Use it or loss it.

Your uncle and aunt will have to petition for their children. An LPR can petition for an unmarried child under 21 in about 5 years. Yes, they will have to wait five years. Once the petitioning parent becomes a US citizen (qualify to become a USC after 5 years as an LPR), he/she can upgrade the petition and the child could get a visa in 6-12 months. Each child will need his/her own I-130.

[NArocks 13]

How old are the children Now

[happypuppy 0]

children are ages 18, 17 and 12...

[aaron2020 11,651]

children are ages 18, 17 and 12...

Have your uncle and aunt file for their children immediately. Their kids will be placed in the F2a family preference category and it will take about 5 years for them to get visas. Generally, a person who turns 21 years old while waiting for a visa ages out of the F2a and goes into the F2b category where it takes about 11 years to get a visa. CSPA is a law offers some relief. CSPA is complex and I've posted on it extensively here on VisaJourney (look it up).

The 12 years old will likely be here in 5 years. The 17 and 18 years old may age out.

An LPR can not petition for a married child. The kids cannot get marry while waiting for a visa if they want to immigrate to the US.

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I highly suggest that your uncle and aunt file for their children now. After your uncle and aunt have been LPRs for 4 years and 9 months, they should start the process to become US citizens. Visas are immediately available to the unmarried children of USC who are less than 21 years old. Once they become USC, it freezes the age of the children if they are in the F2a category.

Edited September 14, 2009 by aaron2020

[peices60 1]

They can petitioned them. I am an LPR. I petitioned my daughter last February 8, 2008 at the age of 20 and she was turning 21 on September 13, 2008 same year. I was so nervous when she turned to 21 thinking there might be a problem with her age. But, surprisingly her visa was approved October, 2011 and a stamp of 1 year valid LPR on her passport while waiting for the original GC. She flew November 30 and I meet her in LAX which is her POE. Category of my daughter is F2a unmarried children..

Hope it will work for them too.. Good Luck...

[apple21 953]

This post is 4 YEARS old already.