Petitioning mother and sister

[mahalia 5]

Hello everyone!

 

 I need some advice. Can i petition my mom and my sister together? My sister is only 12 years old and wondering if i petition my mom, does my sister will be automatically included on that petition? or Do i need to file separate petition for my sister? What form should i fill out? 
Thank you in advance!

 

mj

[Crazy Cat 39,386]

You cannot petition them together.  There are no derivatives for immediate relatives of US citizens.  They would be separate cases.  You would complete an I-130 for each of them.  Currently, it takes 12-15 years for sibling cases.  I assume you are a US citizen. 

Edited August 22, 2021 by Crazy Cat

[Unlockable 7,306]

2 hours ago, mahalia said:

Hello everyone!

 

 I need some advice. Can i petition my mom and my sister together? My sister is only 12 years old and wondering if i petition my mom, does my sister will be automatically included on that petition? or Do i need to file separate petition for my sister? What form should i fill out? 
Thank you in advance!

 

mj

Unfortunately, there is no option to petition them together. You would have to petition for the separately. You mother would take about 2 years or more. She would not be able to bring her daugher regardless if her daughter is a minor. Petitioning your sister would take 20+ years (based on your country in your profile, Philippines). 

 

This is a hard realization many immigrants learn when they want to bring family. There is no option to bring them all at once. Many make the sacrifice and leave family behind until they can come. 

 

There is an option for your mom to come to the US and become a permanent resident, then petition for her daughter (your sister). But that still will take about a year or 2 for that process to complete.

[master69 0]

24 minutes ago, Unlockable said:

 There is an option for your mom to come to the US and become a permanent resident, then petition for her daughter (your sister). But that still will take about a year or 2 for that process to complete.

this one is a great option out of all options you have, approximately 4 years is way faster than 20+ years 

[mahalia 5]

3 hours ago, Crazy Cat said:

You cannot petition them together.  There are no derivatives for immediate relatives of US citizens.  They would be separate cases.  You would complete an I-130 for each of them.  Currently, it takes 12-15 years for sibling cases.  I assume you are a US citizen. 

Yes I’m a US citizen. Thought if I petition my mom and there’s a minor, She will be automatically included.  🙁 ☹️

 

Thank you for the info.

 

[mahalia 5]

2 hours ago, Unlockable said:

Unfortunately, there is no option to petition them together. You would have to petition for the separately. You mother would take about 2 years or more. She would not be able to bring her daugher regardless if her daughter is a minor. Petitioning your sister would take 20+ years (based on your country in your profile, Philippines). 

 

This is a hard realization many immigrants learn when they want to bring family. There is no option to bring them all at once. Many make the sacrifice and leave family behind until they can come. 

 

There is an option for your mom to come to the US and become a permanent resident, then petition for her daughter (your sister). But that still will take about a year or 2 for that process to complete.

Thank you for the info.  I guess i have no choice but to wait for my mom to be able to petition for my sister. ☹️

[Crazy Cat 39,386]

17 minutes ago, mahalia said:

Yes I’m a US citizen. Thought if I petition my mom and there’s a minor, She will be automatically included.  🙁 ☹️

 

Thank you for the info.

 

No.  Not for immediate relatives of UC citizens.  Sorry.

[Demise 1,105]

2 hours ago, mahalia said:

Yes I’m a US citizen. Thought if I petition my mom and there’s a minor, She will be automatically included.  🙁 ☹️

 

Thank you for the info.

 

Your mom can file an I-130 as soon as she's in US. Since you said that your sister is a minor, as long as the I-130 is filed while the sister is under 21, she'll be placed into F2A which is "current" on the visa bulletin.

 

So your sister will have to wait a bit to immigrate, but just the processing time, rather than the 12-15 years that Crazy Cat mentioned. If your sister is a complete minor your mom can just come to US, file the I-130, file I-131 for a re-entry permit, do biometrics, and head back, she'll have 2 years to return.

Edited August 22, 2021 by Demise

[nastra30 2,003]

As advised, you'll petition your mom, and optimistically she should be in 2 years.

When mom arrives in the US as LPR, she'll petition her daughter (your sister) right away and that should take about two years. If mom doesn't want to leave daughter behind for too long, she can apply for reentry permit after she becomes a LPR. With the reentry permit she can go back to the Phillipines to be with daughter until daughters petition is approved, and then they both can enter the US together.

[HRQX 4,145]

23 hours ago, mahalia said:

Yes I’m a US citizen. Thought if I petition my mom

After your mother's IR-5 visa is issued your mother could do the following:

1. Enter the US with the IR-5 visa
2. File the I-130 petition for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
3. File I-131 application (by mail) to request Reentry permit
4. Open bank account, etc. to establish her US domicile
5. Wait for and then attend the biometrics appointment for the Reentry permit process.
6. Leave the US after attending the biometrics appointment. https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities." On the I-131 application the LPR can indicate that the Reentry permit will be picked up at the preferred US consulate/embassy.

Edited August 23, 2021 by HRQX

[mahalia 5]

Thank you all for the quick response. I really appreciate this group! Be safe all!