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milou

IR 5- need help

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Filed: Timeline

I am US citizen. I am filling DS 260 for my mom now. My mom has me, my sister (under 21) and my brother (16 years old). I have a question about DS-260. "Is this child immigrating to the U.S. at a later date to join you?” What should I answer? I know IR5 can't bring their children to come to US at the SAME time. However, they can sponsor their children later. If I answer NO in the question, does it affect my sibling’s document later in the future??

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Hi,

You would answer "no." This question applies to people who are eligible to bring their children with them and will either come with them or follow to join. This will have no effect on their future petitions because this is how it should be answered.

Also you said your sister is under 21, how much under 21 is she?

You should have their I-130 petitions ready so that as soon as your mom enters the US and her passport is stamped she can make a copy of the passport, visa, and stamp, so that she can submit the petition right away or the next day.

Do not wait to do this since the time for minor children of LPR's is 2 to 3 years and you don't want your sister to turn 21 before her visa is issued, just in case she doesn't meet the CSPA requirements. Good luck.

This does not constitute legal advice.

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