Best route to get my parents and siblings to the US?

[Milz 0]

Hello VJ Community,

 

God willing, I will be a US Citizen this year (already applied for citizenship). My family in Ecuador consists of my 2 parents (52 and 58 yrs old) and 2 siblings(15 yr old brother and 17 yr old sister).

Option A - My original plan was to petition for both of my parents under IR category, and once they are here one of them will fill a i-130 to petition my siblings (their children), which should be under the F2A category. I was under the assumption that this would be the quickest way to reunify my family here in the states.

I planned on asking for some kind of expedition to have my siblings processed quicker, being that they're minors (is this even an option?). If that's not an option I would have had one of my parents file for a reentry permit and go back to Ecuador to take care of my siblings.

 

Option B- Petition for one of my parents under IR category and once they are here and receive their LPR card, they will petition for my other parent and my siblings as derivatives (F2A). This would be convenient because my siblings and second parent will be able to travel together and won't have to apply for a reentry permit.

 

I'm having a hard time determining which would be the best route via posted timelines. Being that F2A is current and has been for the past couple of months, I would assume that the processing time of the IR5 visa for a parent and a i-130 visa for a spouse would be similar?

Are there any Pro or cons to either option that I may be missing?

 

Thank you in advance!

Edited February 22, 2020 by Milz

[SusieQQQ 11,587]

Option B is the only one that’s going to get everyone here together within about 2 years, without leaving your siblings alone at any stage. (Option A would have them alone at least a month while waiting for the re-entry permit bio.) 

There is no benefit to siblings being minor in F4, it will still take about 15 years or more if you file for them separately under sibling petitions.

There is no path to getting them all here at the same time.

Bear in mind F2A may not still be current by the time your parent can file.

 

 

Edited February 22, 2020 by SusieQQQ

[Milz 0]

Thanak you for your response. I actually meant that once my parents are both here via IR5, they will petition for my siblings as their children which should be under F2A if i'm correct. I will edit my original post to reflect that.

[SusieQQQ 11,587]

7 minutes ago, Milz said:

Thanak you for your response. I actually meant that once my parents are both here via IR5, they will petition for my siblings as their children which should be under F2A if i'm correct. I will edit my original post to reflect that.

I understood that was what you meant, hence why I said “without them being left alone”. Who would look after them while they are waiting for the F2A petition to be processed? That can easily take a year, and could be longer if the category retrogresses to using priority dates. If one applies for a REP, they have to wait in the US for the bio, about a month before he or she can return to Ecuador, I guess I don’t see the advantage to doing it that way rather than having one parent come in as ir and then sponsor the rest at the same time (also means fewer petitions overall being filed, not sure if the cost of that is something you’re watching).

Edited February 22, 2020 by SusieQQQ

[Boiler 45,906]

I could see timing being an issue, 17 year old may not make it under F2A, depends on how things progress which is inevitably a guess and of course how long it takes you to naturalise.

 

The other issue is sponsorship and your Parents age, presumably they can afford to effectively retire in the US.

[SusieQQQ 11,587]

11 minutes ago, Boiler said:

I could see timing being an issue, 17 year old may not make it under F2A, depends on how things progress which is inevitably a guess and of course how long it takes you to naturalise.

 

The other issue is sponsorship and your Parents age, presumably they can afford to effectively retire in the US.

Even with the naturalization then IR and F2A wait I think it’s more likely the process would be done or close to in 4 years, there will also be some CSPA protection for the minors from F2A processing time. There is a risk the older child ages out but I’d think it’s not great.

[Boiler 45,906]

3 minutes ago, SusieQQQ said:

Even with the naturalization then IR and F2A wait I think it’s more likely the process would be done or close to in 4 years, there will also be some CSPA protection for the minors from F2A processing time. There is a risk the older child ages out but I’d think it’s not great.

I did not try and calculate anything precisely, insufficient data, but there is a big difference between somebody who was 17 last week  or will be 18 next week and somebody who applied to naturalise a year ago or yesterday.