Petitioning for my parents and under 21 siblings

[fitnryt_16 0]

My situation is that, I am a u.s citizen and I'm gonna petition for my parents soon, the thing is I have a 2 y/o sister,13 y/o brother and a 19 y/o sister.. I know that if I will be the one to petition for my bros and sis its gonna take a long time for the visa # to be available for them and its better if my parent do the petition rather than me. But I talked to a uscis representative over the phone and told them my situation that no one can be left behind for them because most of our relative are here in U.s already. And they told me that, you need to file a separate petition for each of them, and i asked them how about my little sis and bro whats gonna happen to them, and told me that there is a possibility that they can go here in u.s at the same time with my parents if on the time my parents petition has been approved and they have their visa interview they need to bring my little sister and brother and tell the person that will interview them that these kids are DEPENDENT. So the uscis representative told me that there is a possibility and it all depends on the interviewer if he/she has a visa # available at that time. Its okay if my 19y/o sis cant come along, but for my 2 y/o sis and 13 y/o bro, their gonna have a hard time if they will be left behind. Is there someone had the same situation and did petition for their parents and lil sis and bros and went to the u.s embassy for the interview and told the interviewer that the kids are dependent and got a visa # available at the time of interview for them?? Or anyone can give me advise what to do?? Thank you!

[Penguin_ie 5,997]

USCIS callcenters are not called the "miss information line" for nothing, what you were told is wrong. The best thing to do is petition one of your parents and once they are in the USA, they can petition for their spouse and minor kids easily and quickly (takes about 2.5 years).

[apple21 953]

They cannot immigrate at the same time because "dependents" are not allowed in the IR categories.

Your parents can immigrate quickly (less than a year) but not your siblings. If you petition for your siblings, it will take 24 YEARS before they can immigrate.

Penguin's advice is correct. Petition for one parent, while the other one stays behind to take care of the kids. Once parent receives green card, he/she can file i-130 for spouse. The kids become the "dependents" of that petition. They will all immigrate in 2 and a half YEARS.

[fitnryt_16 0]

Thank you for the advise guys! So much appreciated.. How many months will my father receive his green card after arriving to u.S?

[NigeriaorBust 4,087]

Another issue is your oldest sibling. If she 19 now she will be 20 before your parent ( father ) arrives and will be over 21 before the 2.5 years after are up. CPSA may help but it will likely be a nail biter.

[apple21 953]

Thank you for the advise guys! So much appreciated.. How many months will my father receive his green card after arriving to u.S?

More or less 30 days after arriving in the US.

[fitnryt_16 0]

Another issue is your oldest sibling. If she 19 now she will be 20 before your parent ( father ) arrives and will be over 21 before the 2.5 years after are up. CPSA may help but it will likely be a nail biter.

If my father file for my sister's petition before turning 21, aren't they gonna base the age of the child on the date when they receive the application? Child protection act? Even if she turns over 21 after 2.5 years?

More or less 30 days after arriving in the US.

Alrighty ! Thanks !!

[NigeriaorBust 4,087]

Age doesn't freeze at filing. Her age will be calculated at her real age minus ( time between when they get the petition and they approve the petition )

[apple21 953]

NigeriaorBust is right. Your 19yo sister hangs in a balance because of the aging-out thing. If petition for the spouse (her parent) happens after 2.5 years and she turns 21, she'll probably be moved to another category which is the F2B category (Unmarried Son/Daughter Over 21 of Lawful Permanent Residents). Waiting time for F2B Philippines is 10-11 YEARS and she must remain unmarried during the entire process until she receives her green card. Marriage of the Son/Daughter will void F2A and F2B categories.

Edited April 22, 2013 by apple21

[sunandmoon 450]

Age doesn't freeze at filing. Her age will be calculated at her real age minus ( time between when they get the petition and they approve the petition )

freezing only occurs if or when petitioner is a USC.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD