Petitioning for parents with underage children

[Cacerez 19]

I feel like I know the answer to this question already, but guess it doesn't make sense to me. My husband just got his AOS approved, so in 3 years will most likely be applying for citizenship to petition for his parents. His sister will be 14 - can they file for her when their petition gets approved? I can't imagine having parents get approved and then making his sister wait 10-12 years since she is a direct relative and requires a separate petition, whereas if he were petitioning for his sister and her petition got approved, she could file for her daughter. Hope my question isn't confusing, this is the info that confuses me:

What about my relative’s family?

In most cases, when your relative’s place in line is reached and he/she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents.

For example: You file a petition for your sister. You cannot directly petition for her husband and children. However, they can apply for immigrant visas with her, when her place in line is reached.

On the other hand, a separate petition must be filed on behalf of each person who qualifies as your direct relative, including your children.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—also file separate petitions for each of them.

For example: You marry a woman with a child. The child will usually qualify as your stepchild if he/she was unmarried and less than 18 when you married the mother. In that case, you would need to file one petition for your wife, and another for the child.

http://www.uscis.gov/files/article/A1.pdf

Again, it seems clear, yet the logic doesn't make much sense. Any input?

[NigeriaorBust 4,087]

I am afraid that government logic is that if you don't want to immigrate because of children at home then don't come. They may have to wait until the children are grown and then file for the parents.

[Cacerez 19]

I am afraid that government logic is that if you don't want to immigrate because of children at home then don't come. They may have to wait until the children are grown and then file for the parents.

But wouldn't that apply to any visa with an underage child? It doesn't make sense.

[TayRivers 4]

It would work like this....

You file for your parents... They get approved, but their underaged child can not accompany them as there is no dirived benefits from a IR5 visa....

Once your parents are here and they can apply for their under age child as LPR it will take about 5 years for a visa to become available for the child, see here for dates http://www.travel.state.gov/visa/frvi/bull...letin_4587.html The child will be in catagory 2B Child of LPR.

There is no way for the child to come at the same time as the parents. So she would be left behind.

[Mononoke28 135]

The key here is to understand that she does not qualify to get a visa via her parents' petition because it's simply not allowed and no, the government doesn't care about any young children left behind. It would be different if your husband was filing for a sibling with children.

So he has two options, 1. As others have said, file for his parents, bring them over, and then have them file for his sister. Or 2., he can file for his sister directly once he becomes a US citizen himself but this route will take much longer.

Diana

[aaron2020 11,651]

The key here is to understand that she does not qualify to get a visa via her parents' petition because it's simply not allowed and no, the government doesn't care about any young children left behind. It would be different if your husband was filing for a sibling with children.

So he has two options, 1. As others have said, file for his parents, bring them over, and then have them file for his sister. Or 2., he can file for his sister directly once he becomes a US citizen himself but this route will take much longer.

Diana

It's not that the government does not care who gets left behind. I bet it is a lot easier to immigrate to the US than to many other countries. The US probably allows more immigrants in than any other country.

The purpose of family immigration is to reunite the family. However, I am not my brother's keeper. An immigrant who is a US citizen is not responsible for his or her minor brothers and sisters. The system is focus on who the petitioner can bring into the country - spouses and children primarily. Reuniting brothers and sisters is of secondary concern. Letting parents immigrate as Immediate Relatives make sense because the adult US citizen will likely have older parents who may not have any children to care for them in their home country.

No one is forced to immigrate to the US. The US Government does not break up families. It is a choice to immigrate to the US. If the entire family does not want to be broken up, then don't immigrate.

[Boiler 45,960]

The key here is to understand that she does not qualify to get a visa via her parents' petition because it's simply not allowed and no, the government doesn't care about any young children left behind. It would be different if your husband was filing for a sibling with children.

So he has two options, 1. As others have said, file for his parents, bring them over, and then have them file for his sister. Or 2., he can file for his sister directly once he becomes a US citizen himself but this route will take much longer.

Diana

It's not that the government does not care who gets left behind. I bet it is a lot easier to immigrate to the US than to many other countries. The US probably allows more immigrants in than any other country.

The purpose of family immigration is to reunite the family. However, I am not my brother's keeper. An immigrant who is a US citizen is not responsible for his or her minor brothers and sisters. The system is focus on who the petitioner can bring into the country - spouses and children primarily. Reuniting brothers and sisters is of secondary concern. Letting parents immigrate as Immediate Relatives make sense because the adult US citizen will likely have older parents who may not have any children to care for them in their home country.

No one is forced to immigrate to the US. The US Government does not break up families. It is a choice to immigrate to the US. If the entire family does not want to be broken up, then don't immigrate.

Spot on

[Cacerez 19]

It would work like this....

You file for your parents... They get approved, but their underaged child can not accompany them as there is no dirived benefits from a IR5 visa....

Once your parents are here and they can apply for their under age child as LPR it will take about 5 years for a visa to become available for the child, see here for dates http://www.travel.state.gov/visa/frvi/bull...letin_4587.html The child will be in catagory 2B Child of LPR.

There is no way for the child to come at the same time as the parents. So she would be left behind.

I guess it makes a little more sense with this explanation, thanks.

Forgive me for being dense, but would an underage child of a LPR fall under 2A or 2B? Does the "Spouses and Children" part of "Spouses and Children, and Unmarried Sons and Daughers of Permanent Residents" mean those under-age, whereas 2B is those unmarried but over 21? I ask because it seems confusing here (and because there is a 4 year difference!):

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

[Boiler 45,960]

2A

Depending on the circumstances they could end up in 2B, CSPA comes into play which gives me a headache.

[aaron2020 11,651]

It would work like this....

You file for your parents... They get approved, but their underaged child can not accompany them as there is no dirived benefits from a IR5 visa....

Once your parents are here and they can apply for their under age child as LPR it will take about 5 years for a visa to become available for the child, see here for dates http://www.travel.state.gov/visa/frvi/bull...letin_4587.html The child will be in catagory 2B Child of LPR.

There is no way for the child to come at the same time as the parents. So she would be left behind.

I guess it makes a little more sense with this explanation, thanks.

Forgive me for being dense, but would an underage child of a LPR fall under 2A or 2B? Does the "Spouses and Children" part of "Spouses and Children, and Unmarried Sons and Daughers of Permanent Residents" mean those under-age, whereas 2B is those unmarried but over 21? I ask because it seems confusing here (and because there is a 4 year difference!):

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

This is how the categories work. I am answering this specifically to your situation. I will not address when an LPR files for a spouse in the F2a category.

The petition by an LPR parent for an unmarried child under age 21 will be classified as an F2a family preference case. If the child turns 21 before a visa is available as prescribed by the Visa Bulletin, that child ages out and the case becomes an F2b case. However, the Child Status Protection Act (CSPA) may offer that aged out child relief and allow the child to maintain his/her status in the F2a category. There is nothing you can do to get CSPA to apply. CSPA application is all dependent on how fast USCIS approves the I-130. The longer the wait for approval, the better because the time it takes USCIS to approve the petition does not count against the beneficiary. So a child who waits 3 years for an approval gets to subtract 3 years from his real age to arrive at his CSPA age. This is done when the visa becomes available (The government will not even guess at this until a visa is available in the F2a category). A quick approval does not mean a child gets a visa faster than a slow approval (if both were filed on the same day). No matter when the I-130 is approved, both children would have the same overall wait period if everything about them is the same.

The F2b category is for USC parents who want to petition for unmarried children over age 21. However, a beneficiary originally in the F2a category can age out into the F2b category by having a CSPA age over 21.

Approval of the I-130 only establishes a preliminary finding that the petitioner has a familial relationship with the beneficiary and the law allows the petitioner to file for the beneficiary. Unmarried children of LPRs do not qualify for visas immediately after approval of the I-130. After approval of the I-130, the petition is sent from USCIS (Dept. of Homeland Security) to the National Visa Center (NVC - Dept. of State). USCIS has nothing to do with visas. At the NVC, the beneficiary waits until a visa becomes available in his category.

Edited December 2, 2009 by aaron2020