I-130 Parents and a minor

[mary81 2]

Hi VJ friends,

if a beneficiary parents of a USC are accepted and ready to go for their visa interview and they have a minor (15 years old) Is there any way they can include or ask to be include the one child and get visa for him/her at same time? Parents are over 55 years old .They understand the parents needs to come to US and apply for their kid (F2A) and its going to take about 2 and half years .

Thanks for help!

[aaron2020 11,651]

Unfortunately, there is no way to include him.

I recommend this route;

1. Petition for father. Mother stays with child.

2. LPR father files for his wife in the F2a category. Unmarried children under 21 are included. This should take 1-2 years.

3. LPR father can get a Re-Entry Permit that allows him to stay outside the US for up to 2 years without kissing his green card. He can return home to wait for his family to get immigration visas. He must maintain a US domicile and file US tax returns. His domicile would be your house - get him a ID card and a checking account.

Easy breezy and the child will be here well before age 21 so no fear of aging out.

If both parents are immigrating, then then both can get Re-Entry Permits and one of them files for the child in the F2a category.

Edited August 26, 2013 by aaron2020

[OKflyboy 35]

I am in the same boat, only my brother is 6 and has no other relatives, so even leaving him behind for a few weeks for my mom to come here, get the GC, re-entry permit and file for him, is a huge problem...

[mary81 2]

I am in the same boat, only my brother is 6 and has no other relatives, so even leaving him behind for a few weeks for my mom to come here, get the GC, re-entry permit and file for him, is a huge problem...

Sucks! Anyway thanks for the info.