Bringing siblings who are under 21 over to US together with parents of US citizen

[Hassan Raza 6]

My wife just got naturalized a few months ago, and would like to have her parents immigrate from Saudi Arabia (Pakistani nationals residing in Saudi Arabia) to the US. 

 

I know they are immediate family relatives so they immediately would have visas available (I know there's a pause on Pakistani nationals but she can still petition for them). 

 

But, can those same parents bring their two children (my wife's siblings) to the US as long as they are under 21 at the time of I-130 approval, as derivatives? 

[Crazy Cat 46,091]

5 hours ago, Hassan Raza said:

 

 

But, can those same parents bring their two children (my wife's siblings) to the US as long as they are under 21 at the time of I-130 approval, as derivatives? 

No.  Her parents will be IR-5 category visa holders (immediate relatives of US citizens).  There are no derivatives for immediate relatives.  Best to have one of the parents petition for the children after re-locating to the US.  Even then, the children will be F2a category.  Another option is to have only one parent re-locate the US (that parent then can petition the remaining family members as F2a).  Another option is for parents to re-locate to the US, obtain re-entry permits before returning to Pakistan during the process of petitioning the children.  

Other members might have other option ideas.

Edited 7 hours ago by Crazy Cat

[Boiler 48,530]

From a practical point of view depends how old they are

 

Also what the plan is as I assume they are dependent on their Fathers work visa?

[Hassan Raza 6]

As for the siblings, if they can't bring them as derivatives under their parents then they were trying to get to the US from an education standpoint. 

 

One of the siblings is 18, the other just turned 16.

 

I do agree that one parent can move first and sponsor the children once that parent becomes an LPR. But the children kind of need both parents present. 

 

This may sound crazy but I wonder if it's possible for my wife to adopt her siblings as children and then sponsor them. 

[Boiler 48,530]

F1 is the student visa but it is non immigrant

 

a parent petition will take a couple of years so the youngest one will be F2a and the oldest most likely F2b

 

I do not know if she can adopt them or not but irrelevant for the topic in hand

[Crazy Cat 46,091]

2 hours ago, Hassan Raza said:

but I wonder if it's possible for my wife to adopt her siblings as children and then sponsor them. 

While parents are alive?.....doubtful.

[Crazy Cat 46,091]

This question comes up often.  There is no smooth  solution.

[appleblossom 5,677]

7 hours ago, Hassan Raza said:

This may sound crazy but I wonder if it's possible for my wife to adopt her siblings as children and then sponsor them.

 

Nope. https://www.uscis.gov/adoption/immigration-through-adoption/orphan-process

 

As above, there's really no way around it. She can petition the parents, but then her siblings would have to wait before they'd get a visa too.

 

I think both will end up being F2B if the ban on Pakistani nationals stays in place until the end of Trump's term, so it'll be at least a decade before they could join their parents.