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missouriviaperu

mother in law with minor children

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So my wife became a US citizen last week and now we are faced with bringing her mom to the US. We would like for her mom (ideally mom in law + minor children) to come and live with us in the US but the catch is that her mom has three minor children (ages 17,18, and 20). I was under the impression, from the limited amount I have read, that her mom would need to come first, and then send in paperwork for her minor children. Separating my mother in law from her kids in Peru is not our preference but I think we're prepared to do it if we have to. However, one of my wife's friends is in a similar situation and her mom, dad and younger brother all came together to the US as LPRs at the same time. This would be preferable for us, but I just want to not screw it up...does this have anything with the follow-to-join benefit? Also, I am worried about her oldest child being "aged-out" of the process by the time the paperwork gets accepted. I deeply appreciate any help or suggestions whatsoever, thank you.

Edited by missouriviaperu

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Your friend may have been petitioned at a different visa category for them to all immigrate at the same time.

Unfortunately, when your wife files for mom, the children cannot benefit from that petition because derivatives are not allowed in the IR categories. There's also no follow to join benefit for them.

Once mom becomes an LPR, she can file for her children. The process will take more or less 2 years. The older kid has the biggest possibility of aging out depending on when the petition is filed and approved.

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thanks, yeah I knew that as a parent of a USC she could come but was not allowed to bring children...which is why I was so confused/frustrated to hear about my wife's friend's family all coming at the same time. What other category could our friend have used do you think? (we have asked, i am only half-sure that she knows, she works for an immigration attorney...we'll be asking again i guess) ....also, i thought that CSPA might apply for the oldest sibling?

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They may have been under the family category, I'm guessing F3 or F4. Or under a working visa.

Parent petitions may take a year so compute that and the oldest child's 21st birthday.

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Hi,

Unfortunately, there is no way that mom will get a green card in 7 months before her daughter turns 21. Immigration does not move that fast.

Best to prepare everyone that it will take 7-8 years for the oldest to immigrate.

Best of luck

Edited by aaron2020

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Assuming you file now they will be 18, 19 and 21 when her Mother can movez.

Her Mother petitions them on arrival, middle one is likely to fall into same category as oldest.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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They may have been under the family category, I'm guessing F3 or F4. Or under a working visa.

Parent petitions may take a year so compute that and the oldest child's 21st birthday.

...I'm still waiting to hear exactly what method was used but there's no way it's F3 or F4 as they don't apply in this particular situation.

Edited by missouriviaperu

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...I'm still waiting to hear exactly what method was used but there's no way it's F3 or F4 as they don't apply in this particular situation.

For family based immigration, only the F3 and F4 categories allows a person, his/her spouse, and unmarried children under 21 to immigrate together.

The Immediate Relative categories only allows a single beneficiary to immigrate.

The F1, F2a, and F2b categories allows the beneficiary to bring unmarried children under 21, but not a spouse.

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