Can siblings below 18 get approved with I-130 for mom?

[Lari 0]

Hello Dear freinds,

My cousin (US citizen) is sponsoring his mom. Can his brother and sister below 18 come with their mom authomatically? We need this info asap.

Thanks

[Nutty 2]

No.

Your friend must petition for each family member and show he can support them financially.

[YuAndDan 153]

No, even is cases where a Husband is petitioning for a Wife and Step children, the Husband files an I-130 for each immigrant, one for wife and additional ones for step children under 18. There is NO derivative visas for Immigrant IR visas.

So in your cousins case he will need to file separate I-130s for mother, and siblings, here is the catch, mother qualifies for Unlimited visa class, however siblings wont and will have to wait YEARS for a visa number under the Limited Family Fourth Preference class (F4).

Mother will have to come over alone and then she will have to file I-130 for the siblings which is F2A.

SEE: http://travel.state.gov/visa/immigrants/ty...types_1306.html

And: http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

[Lari 0]

No There is NO derivative visas for Immigrant IR visas.

Thank you all so much for your replies.

Regarding the derivative visas... I had seen families who were sponsored by their other family members and as a result the whole family with their kids below 21 got visa together, of course after waiting for years.... But once parents got visa, all kids were included. How the kids got derivative visa? Who is eligible for dervative visa?

Thanks,

Najia

[aaron2020 11,651]

Generally, a family member of a US citizen seeking to immigrate through family-based immigration falls into one of two groups: 1) Immediate Relative (IR) and 2) Remaining Categories.

1) Immediate Relative is either a) a parent, B) spouse, or c) child under 21 years-old of the US citizen. There number of visas for these individuals are unlimited and the visa process takes about 12-18 months. There is no derivative beneficiaries in IR cases - meaning only these people can immigrate and the immigration petition is for one person only.

2) Remaining Categories for a US citizen petitioner is his/her a) unmarried child age 21 or older (F1 category), B) married child (F3), and c) sibling (F4). For an F3 or F4 visa, the petitioning US citizen must be over 21 years-old. In these categories, derivative beneficiaries are allowed - meaning the primary beneficiary (foreign relative) can bring their spouse and unmarried children under age 21.

In your cousin's case, he can apply for his mom as an IR and file for his siblings under the F4 category (currently takes 12 years). Obviously this creates problems since the mother and children will be separated for more than 10 years. The other option is after the mother arrives in the US, she can file for her unmarried children under age 21 as an Legal Permanent Resident (LPR or green card holder). This is the F2b category which currently takes 9 years for people from India. Again, a long separation.

There is no way to get your cousin's brother and sister over faster through family-based immigration. Anyone who tells you otherwise is trying to rip you off.

The only way that your cousin's brother and sister can cover over quickly is if your cousin's mother qualifies for a visa through employment. Non-immigrant visa (H1-B). Immigration visa are EB-1, EB-2, EB-3, & EB-4 are for those immigrants who have advanced degrees and/or in the top of their field - usually artists, athletes, nobel winners, highly regarded scientists, etc.

[Lari 0]

Generally, a family member of a US citizen seeking to immigrate through family-based immigration falls into one of two groups: 1) Immediate Relative (IR) and 2) Remaining Categories.

1) Immediate Relative is either a) a parent, B) spouse, or c) child under 21 years-old of the US citizen. There number of visas for these individuals are unlimited and the visa process takes about 12-18 months. There is no derivative beneficiaries in IR cases - meaning only these people can immigrate and the immigration petition is for one person only.

2) Remaining Categories for a US citizen petitioner is his/her a) unmarried child age 21 or older (F1 category), B) married child (F3), and c) sibling (F4). For an F3 or F4 visa, the petitioning US citizen must be over 21 years-old. In these categories, derivative beneficiaries are allowed - meaning the primary beneficiary (foreign relative) can bring their spouse and unmarried children under age 21.

In your cousin's case, he can apply for his mom as an IR and file for his siblings under the F4 category (currently takes 12 years). Obviously this creates problems since the mother and children will be separated for more than 10 years. The other option is after the mother arrives in the US, she can file for her unmarried children under age 21 as an Legal Permanent Resident (LPR or green card holder). This is the F2b category which currently takes 9 years for people from India. Again, a long separation.

There is no way to get your cousin's brother and sister over faster through family-based immigration. Anyone who tells you otherwise is trying to rip you off.

The only way that your cousin's brother and sister can cover over quickly is if your cousin's mother qualifies for a visa through employment. Non-immigrant visa (H1-B). Immigration visa are EB-1, EB-2, EB-3, & EB-4 are for those immigrants who have advanced degrees and/or in the top of their field - usually artists, athletes, nobel winners, highly regarded scientists, etc.

Aaron,

Thanks so much for your detailed explanation. I appreciate the time you have taken to write. Very useful info.

The only thing I don't understand is this that: WHY on earth they allow derivative visas to other categories and not to the most important immediate relative category. This seems as they made the law this way only to stop parents from coming if they got younger kids... who will leave their kids behind to be away for so many years... Immigration law makers have made some smart laws, ha.... This does not make sense at all. Obviously, they just want to make you wait....

But thanks again for the info.

[Dakine 26]

Good idea to apply for mom and pops soon as you can who knows what new rules/laws the US will end up with.

I think there was a recent bill that was defeated that had a rule/law tacked on that no longer allowed people applying for parents.

[Boiler 45,945]

The only thing I don't understand is this that: WHY on earth they allow derivative visas to other categories and not to the most important immediate relative category. This seems as they made the law this way only to stop parents from coming if they got younger kids...

No, parents have the advantage of not having to wait, siblings do not.

If they want to come together they can wait until all have current applications.

who will leave their kids behind to be away for so many years...

Nobody I wold have thought

Immigration law makers have made some smart laws, ha.... This does not make sense at all. Obviously, they just want to make you wait....

It's a numbers game, if there were not so many applicants then there would be no wait.

There has been talk of dong away with the siblings category, hard to argue for it.

[aaron2020 11,651]

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

[Lari 0]

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

Thanks again Aaron,

Your explanation makes complete sense. I have learnt a lot of valuable information about immigration from this site and its great knowledgeable members like you. This one thing I was alway wondering about and you have explained it so well with your examples. So I take my words back... Immigration in this country while is very fair need be limited at the same time for like you have said, the whole world may arrive here in no time and the earth might end up losing its balance, with too much weight on one end of the earth, hehehehe

Now, why on earth every one wants to come to the US?

I see all the new, and not-so-new and even very old immigrants complaining about hectic life here, and how they loved and enjoyed their life back in their home country... but still they keep wanting to live here and wanting to bring their other relatives and families over here.

Again thank you all for your valuable information. Siblings gotta wait!!! I am with this law too!

[NickD 203]

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

Thanks again Aaron,

Your explanation makes complete sense. I have learnt a lot of valuable information about immigration from this site and its great knowledgeable members like you. This one thing I was alway wondering about and you have explained it so well with your examples. So I take my words back... Immigration in this country while is very fair need be limited at the same time for like you have said, the whole world may arrive here in no time and the earth might end up losing its balance, with too much weight on one end of the earth, hehehehe

Now, why on earth every one wants to come to the US?

I see all the new, and not-so-new and even very old immigrants complaining about hectic life here, and how they loved and enjoyed their life back in their home country... but still they keep wanting to live here and wanting to bring their other relatives and families over here.

Again thank you all for your valuable information. Siblings gotta wait!!! I am with this law too!

In my experience in marrying a immigrant, an entire duplicate of all the forms for my wife had to be done for each child brought in. The wife was cheap to bring here, but her children required full documentation from their parent country that they were free to come here that cost a couple of bucks and the USCIS wanted to see that translated apostille notarized fingerprinted document. And yes, that included a separate I-130 for each child and you also want to get an EAD so they can apply for an SS number. Your I-864 has to show enough bucks to support the crew.

Nice to idealize our immigration laws, but that is the way it is when accomplished legally. But what about illegally with some odd 20 million people here. Bugged me to hear about a 17 year old kid knocking up a 16 year old, both illegal, the baby was born in the USA as a US citizen, and fully eligible for Medicade payments with a cost of living check to boot. If anything happens to me, my kids can't get Medicade because they are here legally and that I-864. So idealize on the simple basic fact.

And if they do legalize all the illegals, will we get a refund from the USCIS? Of course they won't, if legalized, their employees will have to pay workmens compensation and be liable for any injuries that occur on the job, and since they are illegals, they don't have to follow the laws of the EPA or OSHA, no profit in that. I cannot believe this is going on in America, right back to the pre-salve days.

[Lari 0]

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

Thanks again Aaron,

Your explanation makes complete sense. I have learnt a lot of valuable information about immigration from this site and its great knowledgeable members like you. This one thing I was alway wondering about and you have explained it so well with your examples. So I take my words back... Immigration in this country while is very fair need be limited at the same time for like you have said, the whole world may arrive here in no time and the earth might end up losing its balance, with too much weight on one end of the earth, hehehehe

Now, why on earth every one wants to come to the US?

I see all the new, and not-so-new and even very old immigrants complaining about hectic life here, and how they loved and enjoyed their life back in their home country... but still they keep wanting to live here and wanting to bring their other relatives and families over here.

Again thank you all for your valuable information. Siblings gotta wait!!! I am with this law too!

In my experience in marrying a immigrant, an entire duplicate of all the forms for my wife had to be done for each child brought in. The wife was cheap to bring here, but her children required full documentation from their parent country that they were free to come here that cost a couple of bucks and the USCIS wanted to see that translated apostille notarized fingerprinted document. And yes, that included a separate I-130 for each child and you also want to get an EAD so they can apply for an SS number. Your I-864 has to show enough bucks to support the crew.

Nice to idealize our immigration laws, but that is the way it is when accomplished legally. But what about illegally with some odd 20 million people here. Bugged me to hear about a 17 year old kid knocking up a 16 year old, both illegal, the baby was born in the USA as a US citizen, and fully eligible for Medicade payments with a cost of living check to boot. If anything happens to me, my kids can't get Medicade because they are here legally and that I-864. So idealize on the simple basic fact.

And if they do legalize all the illegals, will we get a refund from the USCIS? Of course they won't, if legalized, their employees will have to pay workmens compensation and be liable for any injuries that occur on the job, and since they are illegals, they don't have to follow the laws of the EPA or OSHA, no profit in that. I cannot believe this is going on in America, right back to the pre-salve days.

NickD,

I am 1000% against Illegal Immigrants. I want them all deported once and for all. Legal immigrants go through so much process, and their US relatives spend so much time, money and effort to get them here, and then be respinssible for them once they get here. If illegals get legalized just like that, it is not fair to the rest who abide by law. And most illegal immigrants make the most babies in the US.. amazing... Illegals should simply remain illegals and be deported regardless of being born in the US soil! This way there will be a relief to our welfare system. You see this teenaged or young illegal girls with 2-4 kids... they know their kids will get them all the benefits they could's get otherwise.. this must be discouraged!

[NickD 203]

I am 1000% against Illegal Immigrants. I want them all deported once and for all. Legal immigrants go through so much process, and their US relatives spend so much time, money and effort to get them here, and then be respinssible for them once they get here. If illegals get legalized just like that, it is not fair to the rest who abide by law. And most illegal immigrants make the most babies in the US.. amazing... Illegals should simply remain illegals and be deported regardless of being born in the US soil! This way there will be a relief to our welfare system. You see this teenaged or young illegal girls with 2-4 kids... they know their kids will get them all the benefits they could's get otherwise.. this must be discouraged!

Unfortunately, this country has a rocky history of slavery, neither George Washington nor Tommy Jefferson wanted to part with their slaves, but George did set his free later on in life. Abe was against it that led to a very violent war, but that didn't cure the problem, the likes of even Thomas Edison, Henry Ford, and in particular Carnegie literally beat their workers to death at very low wages while they became filthy rich. Congress finally enacted child labor laws that at least helped the kids in this country, but this country did see some prosperity after WWII. But that was short lived in making countries like Taiwan, Japan, and Korea our salves that recently gave way to China, but these at costs of American jobs.

The latest form of slavery is illegals, while our state is cracking down on some corporations, they held exempt these thousands of corporate owned farms, they treat each farm as a entity or a separate subsidiary and as, as long they have fewer than three employees are left untouched. But most only have one employee, the father of the family, but both his wife and kids are expected to work. Kids are getting mangled with farm machinery, but that is okay and grounds for that family to be fired, there is always another family to take their place. No liability, no insurance. Also these farms using very many harmful and dangerous chemicals are exempt from EPA regulations.

So who are really the criminals with illegals? The greedy corporations plus their stronghold command of our so-called government leaders. In my opinion, it is these greedy people and our government leaders that allow this that should be deported.

Wonder how they can sleep at nights?

[NickD 203]

I am 1000% against Illegal Immigrants. I want them all deported once and for all. Legal immigrants go through so much process, and their US relatives spend so much time, money and effort to get them here, and then be respinssible for them once they get here. If illegals get legalized just like that, it is not fair to the rest who abide by law. And most illegal immigrants make the most babies in the US.. amazing... Illegals should simply remain illegals and be deported regardless of being born in the US soil! This way there will be a relief to our welfare system. You see this teenaged or young illegal girls with 2-4 kids... they know their kids will get them all the benefits they could's get otherwise.. this must be discouraged!

Unfortunately, this country has a rocky history of slavery, neither George Washington nor Tommy Jefferson wanted to part with their slaves, but George did set his free later on in life. Abe was against it that led to a very violent war, but that didn't cure the problem, the likes of even Thomas Edison, Henry Ford, and in particular Carnegie literally beat their workers to death at very low wages while they became filthy rich. Congress finally enacted child labor laws that at least helped the kids in this country, but this country did see some prosperity after WWII. But that was short lived in making countries like Taiwan, Japan, and Korea our salves that recently gave way to China, but these at costs of American jobs.

The latest form of slavery is illegals, while our state is cracking down on some corporations, they held exempt these thousands of corporate owned farms, they treat each farm as a entity or a separate subsidiary and as, as long they have fewer than three employees are left untouched. But most only have one employee, the father of the family, but both his wife and kids are expected to work. Kids are getting mangled with farm machinery, but that is okay and grounds for that family to be fired, there is always another family to take their place. No liability, no insurance. Also these farms using very many harmful and dangerous chemicals are exempt from EPA regulations.

So who are really the criminals with illegals? The greedy corporations plus their stronghold command of our so-called government leaders. In my opinion, it is these greedy people and our government leaders that allow this that should be deported.

Wonder how they can sleep at nights?

Oh and regarding Jesus Christ, "slaves obey your masters" was the only thing he had to say on this subject, but not sure if he actually said this or if it was added, we got to have our slaves, at least the rich have to, that is how they get rich.

[paulvisajourney 0]

So how can the minor children accompany the parents? Can the parents concurrently file for a petition for their minor children since the parents are now legal permanent residents, so that in effect, the children will accompany their Parents when they go to the States?