I-130 petitions. I'm interested in any thoughts and opinions that you may have?

[Mrs. Theresa 0]

Within the next year my husband will be a citizen. Our intentions have always been to petition for my mother in law who will then turn around and petition for our 6 younger siblings. Based on the average visa wait over the years for F2A, 2 of my siblings, who are already in their late teens, will definitely be pushed back to the F2B category during the process/visa wait. Meaning, that only 4 of the kids come at once and the other 2 that aged out will follow years later. Thus, splitting the family up in many ways for many years.

First, mom comes and leaves all 6 kids behind for a good 4+ years while the visa wait takes place. Then, 4 kids come and leave the 2 aged out kids behind for maybe another 4+ years. Then, all will be back together after about 10+ years of separation.

We're starting to lean toward just petitioning for our siblings all under F4 category so that they can remain together at all times. Then, if/when they come I can also petition for my mom at that time if she wants to join. It will be hard to take mom out of the equation as some of the kids are very young.

Addtl details: My mom isn't too excited about coming to the US for herself let alone for any potential/intended opportunity for the kids. The most that she says that she wants to do is visit. That's it. I mention this because it is a major deciding factor. If she doesn't decide to maintain her LPR status once here, WHILE petitions for the kids are pending via her LPR status, then their petitions will be dropped. This, plus potential years of separation, adds to my reasoning for leaning towards filing F4(under my husband's citizen status) for the kids. As much as I desire her to come, my mother in law really doesn't want to. I guess it would be selfish to encourage her to be a "vessel" for the kids the get here quicker(F2A visa as opposed to F4). I just don't know what to think.

*What are your thoughts of this and what would you do in this situation?

[RICARDO4EVA2 194]

well - If that was my situation. I would petition for the parent who would petition for her children. 4 of the six are young enough that they will be categorized. The other 2 may be able to gain CSPA based on processing time with uscis especially if the cut off dates were to come current. If the other "2" age out the so be it - they are adults and if serious about life they can prosper them selves. OR everyone can migrate to the US and leave the parent there only to be denied a renewal of the B1/B2 visa for possible intent.

"My primary interest would be in the young ones who are dependent than adults who should be doing goood for themselves...."

[NigeriaorBust 4,087]

Older people aren't always as easily uprooted and if your mother doesn't want to come to the US then you should honor her wishes even if means the siblings will wait years longer. It is not for anyone to push her into this because it makes it an easier path for everyone else. It really isn't fair to pressure this woman into complying with your plan to streamline the immigration process.

[Haarp425 26]

Within the next year my husband will be a citizen. Our intentions have always been to petition for my mother in law who will then turn around and petition for our 6 younger siblings.

First, mom comes and leaves all 6 kids behind for a good 4+ years while the visa wait takes place. Then, 4 kids come and leave the 2 aged out kids behind for maybe another 4+ years. Then, all will be back together after about 10+ years of separation.

I need clarifications. Your husband will become US Citizen next year. He wants to petition for his mother. He also wants to petition for his younger brother/sisters?

You keep mentioning "our 6 younger siblings". You then mention "First, mom comes and leaves all 6 kids....".

Note: USC can NOT petition for his/her in-laws.

[Mrs. Theresa 0]

I need clarifications. Your husband will become US Citizen next year. He wants to petition for his mother. He also wants to petition for his younger brother/sisters?

You keep mentioning "our 6 younger siblings". You then mention "First, mom comes and leaves all 6 kids....".

Note: USC can NOT petition for his/her in-laws.

Sorry, I'll clarify that...MY 6 siblings in-law.

I'm the wife. He is the soon to be USC. His mom will be petitioned for under his status. Once she arrives, the mom will petition for her children. Well, atleast that's wishful thinking.

Older people aren't always as easily uprooted and if your mother doesn't want to come to the US then you should honor her wishes even if means the siblings will wait years longer. It is not for anyone to push her into this because it makes it an easier path for everyone else. It really isn't fair to pressure this woman into complying with your plan to streamline the immigration process.

I totally understand this much. We'll definitely make a decision that is in the best interest of everyone involved.

[Mrs. Theresa 0]

well - If that was my situation. I would petition for the parent who would petition for her children. 4 of the six are young enough that they will be categorized. The other 2 may be able to gain CSPA based on processing time with uscis especially if the cut off dates were to come current. If the other "2" age out the so be it - they are adults and if serious about life they can prosper them selves. OR everyone can migrate to the US and leave the parent there only to be denied a renewal of the B1/B2 visa for possible intent.

"My primary interest would be in the young ones who are dependent than adults who should be doing goood for themselves...."

Thanks for the response. This is true. If this is the route that we take, we have no choice except to wait it out and see if the CSPA will work in the favor of the older 2 boys. Either way, we'll all manage. The visa waits are outrageous! May I ask you...what do you mean with this statement?- " OR everyone can migrate to the US and leave the parent there only to be denied a renewal of the B1/B2 visa for possible intent." I don't understand. Thx.

[NigeriaorBust 4,087]

Once the entire set of siblings is in the US the mother has less ties to her home country and the chance of being denied a visitors visa goes way up.

[Haarp425 26]

The fastest way would be:

He would apply for the mother first.

She gets GC in no time since she is an immediate relative of a USC.

With his mom's GC, she can petition for her remaining kids.

Once's she becomes USC and her children is still under 21 then the children will become an immediate relative and subsequently if they turn 21 will have no effect on their adjustment application since their age is frozen for immigration purposes when their mother became USC.

Children who are already over 21 when she became USC then she can opt-out by notifying USCIS to keep their category as 2B because it is faster and the 2A category is backlog. If she does not opt-out when becomes USC, over 21 kids will become category 2A which will take longer due to backlogs.

[Mrs. Theresa 0]

Once the entire set of siblings is in the US the mother has less ties to her home country and the chance of being denied a visitors visa goes way up.

Is this the B1/B2 issue that Ricardo4eva mentioned earlier? If so, I've never considered this. Although, this makes plenty of sense.

[Mrs. Theresa 0]

The fastest way would be:

He would apply for the mother first.

She gets GC in no time since she is an immediate relative of a USC.

With his mom's GC, she can petition for her remaining kids.

Once's she becomes USC and her children is still under 21 then the children will become an immediate relative and subsequently if they turn 21 will have no effect on their adjustment application since their age is frozen for immigration purposes when their mother became USC.

Children who are already over 21 when she became USC then she can opt-out by notifying USCIS to keep their category as 2B because it is faster and the 2A category is backlog. If she does not opt-out when becomes USC, over 21 kids will become category 2A which will take longer due to backlogs.

Thanks for the response Haarp, but I'm kind of confused with a couple of points that you've made. Whether she is an LPR of USC, (in our scenario) the kids don't get derivative status nor will they be considered immediate relatives-atleast this is my understanding of it. I always thought that, in either case, they would be placed in a preference category based on their age/status. Please clarify this form me someone! Thanks=)

[NigeriaorBust 4,087]

Some visa classes have derivatives and others don't. When you apply for your parent as a USC there are no derivative visas , so siblings are left behind. Your mother will enter as an LPR which allows her to file ONLY for spouses and children ( adult child petitions only if the child is unmarried) If she becomes a USC she is then allowed to petition for spouses , children of any sort and parents . Sometimes becoming a USC make a LONGER wait for kids and immigration allows you to tell them to pretend you are still an LPR for this reason.

[sachinky 465]

Once the mom becomes a USC, her children will be considered immediate relatives. This will potentially take a great number of years.

Edited March 5, 2011 by sachinky

[Haarp425 26]

Thanks for the response Haarp, but I'm kind of confused with a couple of points that you've made. Whether she is an LPR of USC, (in our scenario) the kids don't get derivative status nor will they be considered immediate relatives-atleast this is my understanding of it. I always thought that, in either case, they would be placed in a preference category based on their age/status. Please clarify this form me someone! Thanks=)

I'll rephase it and make some corrections.

The fastest way would be:

- He would apply for the mother first to become LPR probably takes 8 months to year. She becomes LPR in no time since she is an immediate relative of a USC.

- With his mom's becoming LPR, she can petition I-130 for her remaining kids.

Being an LPR she can petition the children and when she does, the children will be in this category.

- Unmarried children below 21 belongs to the category 2A.

- Unmarried son's and daughter over 21 belongs to category 2B.

- After 4 years and 9 months of becoming an LPR, she can file for Naturalization.

- Once's she becomes USC and children that is still under 21 then those children will become an immediate relative and subsequently if they turn 21 will have no effect on their adjustment application since their age is frozen for immigration purposes when their mother became USC.

- However, those unmarried son's and daughter over 21 that belong to Category 2B, will be bumped to Category 1 once she becomes a USC.

I would assume his mother is from Jamaica. If she is from Jamaica, Category 1 is faster than Category 2B. Category 1 currently process 01JAN05 while Category 2B currently process 15APR03.

So, Opt-Out when parents becomes USC is only applicable for countries in Philippines. Ignore the Opt-Out because she is not from Philippines.

Visa Bulletin For February 2011

http://www.travel.state.gov/visa/bulletin/bulletin_5228.html

[RICARDO4EVA2 194]

Thanks for the response. This is true. If this is the route that we take, we have no choice except to wait it out and see if the CSPA will work in the favor of the older 2 boys. Either way, we'll all manage. The visa waits are outrageous! May I ask you...what do you mean with this statement?- " OR everyone can migrate to the US and leave the parent there only to be denied a renewal of the B1/B2 visa for possible intent." I don't understand. Thx.

i see you got the answer to the question noted above and additional information. IF when you submit the information I'll be here to help you.

[NigeriaorBust 4,087]

The one thing you have to consider based on your early comment is that your mother may not be happy in the US and leave before the petitions are current. If that happens everything is lost. It might be safer to also file for them yourself , especially the ones with the longer waits , as a back up. It also all vanishes if you mother happens to die. The is nothing against 2 petitions like this in the system. They will travel on the quickest. ( you could start the backup petitions as soon as your citizenship is in hand )