Parents and sibling (below 21 yo)

[TeslaX 0]

Hi,

 

I have a general question, and I hope if someone went through the same experience, or knows what is the best way to proceed with.

 

If I am a US citizen, and want to apply for my parents to immigrate to the US from abroad, which should be a straight forward process (I-130, NVC, etc..).

My question mainly is about my sibling who is below 21 years old at the time of submitting the I-130 petition for my parents.

After I read the general instructions of the I-130 petition, I am supposed to submit a separate petition for my sibling, and is not initially considered as a derivative beneficiary at least for the purposes of the I-130. However, submitting an I-130 petition for a sibling takes 20+ years.

I am wondering, once my i-130 petitions for my parents are approved, they are supposed to be applying for the immigrant visa through the NVC process. Can my sibling be included with them at this stage of the visa process, since he is considered a child below 21 years of age?

 

Thanks in advance. 

 

 

[SusieQQQ 11,587]

No, but once they have green cards they can petition for the under 21 yo child, under F2A, under 21 child of LPR.

What is your country of chargeability?

Edited September 15, 2019 by SusieQQQ

[JFH 12,191]

Are your parents of working age? Do you meet the income requirements to sponsor your parents? They will turn in turn need to meet the income requirements to sponsor your siblings. Are they likely to be able to find work here that would pay enough for that? 

[JFH 12,191]

*~*~*moved from “bringing family members of LPRs” to “bringing family members of USCs” as OP is a USC*~*~*

[TeslaX 0]

1 hour ago, SusieQQQ said:

No, but once they have green cards they can petition for the under 21 yo child, under F2A, under 21 child of LPR.

What is your country of chargeability?

I'm not sure. He was born in Saudi Arabia, but is nationality is Egyptian (from parents), since Saudi doesn't consider people born there to be Saudi nationals.

He will be applying from Saudi Arabia, and processing his visa through the US consulate in Saudi. 

Also, what happens if he aged out of 21 between the time my parents petition for him after they receive their LPR status, and the time his petition is approved? Will he be protected by CSPA?

Edited September 15, 2019 by TeslaX

[TeslaX 0]

1 hour ago, JFH said:

Are your parents of working age? Do you meet the income requirements to sponsor your parents? They will turn in turn need to meet the income requirements to sponsor your siblings. Are they likely to be able to find work here that would pay enough for that? 

I understand the I-864 sponsor requirements. But isn't the option of having a co-sponsor still available in this case? Whether it's me co-sponsoring my parent's petition for my sibling, or anyone else?

[Boiler 46,022]

Exactly how old is he now? Well to the nearest month.

 

He would be Egyptian, presumably he can stay in Saudi legally once your Parents leave?

[TeslaX 0]

3 minutes ago, Boiler said:

Exactly how old is he now? Well to the nearest month.

 

He would be Egyptian, presumably he can stay in Saudi legally once your Parents leave?

He is 18 now. But if everything goes smoothly, he might be 19 to 19.5 by the time my parents have their green cards in hand. 

And yes, most probably he will be able to stay there. 

Edited September 15, 2019 by TeslaX

[Boiler 46,022]

It is going to be close, might be able to get here before 21, need to file for Parents asap and see.

[JFH 12,191]

27 minutes ago, TeslaX said:

I understand the I-864 sponsor requirements. But isn't the option of having a co-sponsor still available in this case? Whether it's me co-sponsoring my parent's petition for my sibling, or anyone else?

Depends on the consular Officer. 

[TeslaX 0]

3 minutes ago, Boiler said:

It is going to be close, might be able to get here before 21, need to file for Parents asap and see.

Right, that's why I'm kinda worried and looking if others options would be viable. 

What about adjustment of status for all (parents+sibling)? Is this an option for all of them to do it at the same time, or parents will need to get their GC first and then apply for my sibling?

[geowrian 22,338]

3 minutes ago, TeslaX said:

What about adjustment of status for all (parents+sibling)? Is this an option for all of them to do it at the same time, or parents will need to get their GC first and then apply for my sibling?

If they aren't in the US right now, AOS is not an option.

Plus it would not fundamentally change any of the above timelines (it actually might slow things down, depending on local field office).

[SusieQQQ 11,587]

51 minutes ago, TeslaX said:

I'm not sure. He was born in Saudi Arabia, but is nationality is Egyptian (from parents), since Saudi doesn't consider people born there to be Saudi nationals.

He will be applying from Saudi Arabia, and processing his visa through the US consulate in Saudi. 

Also, what happens if he aged out of 21 between the time my parents petition for him after they receive their LPR status, and the time his petition is approved? Will he be protected by CSPA?

Then I don’t know where you get 20 years for a sibling visa, that only applies to Mexico & Philippines. 

 

If he ages out, he might be protected by CSPA or he might move to F2B. You’d need exact dates of priority, petition and approval dates to know anything on that front.

 

If he has or soon will complete high school, diversity visa is also a possible option.

Edited September 15, 2019 by SusieQQQ

[TeslaX 0]

44 minutes ago, geowrian said:

If they aren't in the US right now, AOS is not an option.

Plus it would not fundamentally change any of the above timelines (it actually might slow things down, depending on local field office).

Is it possible to do AOS for one parent, and NVC for the other parent?

Can one parent only submit a petition for their child after getting their GC?

[TeslaX 0]

35 minutes ago, SusieQQQ said:

Then I don’t know where you get 20 years for a sibling visa, that only applies to Mexico & Philippines. 

 

If he ages out, he might be protected by CSPA or he might move to F2B. You’d need exact dates of priority, petition and approval dates to know anything on that front.

 

If he has or soon will complete high school, diversity visa is also a possible option.

CSPA kicks in after the I-130 approval in this case (unmarried child of LPR), right?