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Mary Bernard

Bringing Sister under 21 years old

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Hello,

 

my husband is applying for citizenship and i understand that he will be able to petition his parents,

 

im a little confused, can he petition for his sister? Or will it be faster if their parents petition for her once they get here? Because i read somewhere that permanent residents will be able to petition,

 

Shes under 21 years old,

 

 

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 It would be best for the parent to petition for the UNMARRIED child/daughter.  She must remain unmarried until  she arrives into the USA.    Your husband can file a petition for the sister.. however it will take 10+ years to be completed... vs  when the parent does it for his sister/their daughter it will be a 3-5 year process on average. 


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Thank u sir for reply,

 

so once the parents have their green card in hand they can petition her asap?

 

3-5 years seems better ahahaah ??? vs 10 years,

 

shes 18 years old, and also in the process of petitioning her, turning 21 wont affect the petition? She just has to stay unmarried and no kids

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On the day that the parents enter the US with immigration visas, they can immediately petition for her.  Their immigration visas upon entering the US becomes temporary 1 year green cards (I-551).

 

It's 24 years for a US citizen to petition for a sibling born in the Philippines.

 

If she turns 21 years old during the wait, she will age out from the F2a category and into the F2b category where the current wait is 10 years.  CSPA may allow her to retain the F2a category but there is no way to calculate if CSPA will help until her PD becomes current in the F2a category.

 

She must remain single throughout the entire process.  She must enter the US as a single woman.

 

Kids are fine.  They can immigrate with her as her derivative beneficiaries on the petition filed for her.

 

IMHO - prepare everything in advance, become a USC as quick as possible, file for the parents on the day he gets his Certificate of Naturalization or a US passport, and have the parents fly to the US as soon as they get their immigrant visas, and file for their daughter on the day they enter the US.  A few days procrastinating may push their daughter into the F2b category without CSPA protection thus forcing her to wait 10+ years.  Time is of the essence.

Edited by aaron2020

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To piggyback off of what aaron2020 said, you are racing against time now since she is already 18. If the entire process of your husband naturalizing, petitioning parents, then parents petitioning the sister is more than 3 years then she will be at risk of aging out. After she ages out the process will take 10 plus years.

 

Ricardo is correct that it usually takes more than 10 years but there are 3 countries where it actually takes 20 years, Mexico, India, and Philippines.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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18 plus a day, or 19 minus one day? May be too late.


“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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