My Mom is here

[momkay 0]

Hi VJers,

My mom is here in America. She got her thru filing an I-130. My questions are: Is she can start filing a petition to my brothers and sisters ages from 21 to 40's even she just arrived in a week ago? Or she need to wait until she become a US citizen? your input is highly appreciated, thanks a lot!

[apple21 953]

If her children are single/unmarried, yes, she can file i-130 for them now.

If her children are married, no, she has to be a naturalized USC first then file i-130.

[aleful 1,905]

ditto

it depends on whether they are married or single

residents can only file for unmarried children and it will take many years depending on where are they from

what country are they from

if they are unmarried, they cannot marry until your mom becomes a USC.

if they are married, they will have to wait until your mom becomes a USC in 5 years

[apple21 953]

OP and mom are from the Philippines.

Mom's unmarried children will wait 10-11 years under F2B category. They have to remain unmarried. Marriage voids the F2B petition.

Mom's married children will wait 25 years total under F3 category (5 years to become USC + 20 years in F3).

If OP petitions for her siblings, married or not, they will all wait 23 years under F4 category.

Edited December 8, 2013 by apple21

[momkay 0]

If her children are single/unmarried, yes, she can file i-130 for them now.

If her children are married, no, she has to be a naturalized USC first then file i-130.

Hi apple21, thanks for our reply. Even my mom is not a USC yet, she can file a petition to my sister's single? I thought she will wait until she become a USC. That's would be nice though if she can....

[apple21 953]

Hi apple21, thanks for our reply. Even my mom is not a USC yet, she can file a petition to my sister's single? I thought she will wait until she become a USC. That's would be nice though if she can....

Yes, your mom as a green card holder/LPR can file for her UNMARRIED daughter now.

As I've previously said, since your sister is already 21 years old, it will take 10-11 years before she can immigrate to the US. She must remain single thru the entire process because if she gets married, she will have to wait much much longer.

Edited December 11, 2013 by apple21