petition my sisters kids?

[jwright83me 0]

When my wife becomes a USC can she petition her sisters kids without petitioning her sister? and if so would her sisters kids be able to live with us in the US and apply for AOS?

[Deputy Purple 1,294]

No

[Boiler 43,397]

Ditto

[Thomas&Cleofe 358]

Sorry....no family visa for nieces and nephews

[jwright83me 0]

can she petition her sister and sisters daughter? then apply for aos for the daughter only? or would it be best for the sister to stay for about 6 months until the aos is approved for both then the sister could return to the philippines and leave her daughter in US.

[Boiler 43,397]

I would be very surprised if the Daughter had not aged out by the time a visa number was available.

In fact I would think that it would be a mathematical certainty.

[jwright83me 0]

I would be very surprised if the Daughter had not aged out by the time a visa number was available.

In fact I would think that it would be a mathematical certainty.

why?

[grrrrreat 109]

can she petition her sister and sisters daughter? then apply for aos for the daughter only? or would it be best for the sister to stay for about 6 months until the aos is approved for both then the sister could return to the philippines and leave her daughter in US.

I think you are a little confused about the process. When you petition for a sibling, you are petitioning for a family preference visa. When granted, this visa allows the alien to come to the U.S. and gain a Green Card upon entry. Adjustment of status is not necessary or permitted for a family preference visa, unless the alien is already in the U.S. when a visa becomes available. Family preference visas for siblings are called F4s.

Currently you have to wait around 12 years after filing before an F4 visa is available, and much longer from Mexico and Philippines. Once a visa is available and granted, the sibling can enter the U.S. as a lawful permanent resident (GC). They may also obtain visas for any of their children, but the children have to be under age 21 when that visa is issued. If they are over 21, then a visa will not be issued. Note that the children also have to accompany the sibling or follow the sibling within a year; they cannot come without their parent.

There is a slight quirk: a court of appeals has recently held that a new lawful permanent resident who entered the U.S. with an F4 visa could petition for their children, even if the child was over 21. When a lawful permanent resident petitions for a child under 21, it's an F2 visa. Under this court's reasoning, the new F2 petition could be treated as if it had the earlier priority date as the F4 visa. Under the Child Status Protection Act, the child's age is "frozen" when an F2 petition is filed and a visa is available, so this child qualified even though he was now over 22.

This is far from settled law and may not be the case 12 years from now.

[grrrrreat 109]

why?

It is currently taking 12 years for visas for siblings to become available, much longer from Mexico and Philippines. It might taken even longer in the future. To qualify as derivatives of the sibling visa, the children need to be under 21. Unless the children are very young, they will likely have aged out before a sibling visa is available for their mom.

Note the case I describe above, though, which said that if the new LPR parent (in other words, the sibling) is willing to petition for their above-21 children, the children may be able to qualify for an F2 visa using the earlier priority date of their parent's petition, even if they are over 21 when the new petition is filed.

[aleful 1,905]

why?

because the wait for petitions for Philippine siblings is more than 20 years, over 23 years, so her niece will be over 21 and have aged out, and she cannot stay over 20 year ilegally in the country.

besides her niece cannot adjust without her mother, her sister would be the primary beneficiary.

Edited May 6, 2012 by aleful

[jwright83me 0]

because the wait for petitions for Philippine siblings is more than 20 years, over 23 years, so her niece will be over 21 and have aged out, and she cannot stay over 20 year ilegally in the country.

besides her niece cannot adjust without her mother, her sister would be the primary beneficiary.

ok thanks for the depressing info lol

[jwright83me 0]

How long will it take to bring my wife's mother and father to US after she becomes USC?

[grrrrreat 109]

How long will it take to bring my wife's mother and father to US after she becomes USC?

Parents of US citizens are immediate relatives, which means that a visa is immediately available for them. It only takes as long as USCIS needs to process the petition and for the local consulate to issue the visa, which could be 8 months-1 year or so.