Is my Mother eligible to file I-824 petition to follow OR I-130

[Somcan 0]

Hi All,

I have filed I-130 two years ago for my mother and she was done with process and come to USA on January 2020, so My question is does she need to file I-130 application for her other kids under 21 for her to petition or can she do the I-824  application petition to follow on previously approved case. I am confused I want to make sure we file the right application. and if she is eligible for both which one is faster.  Mother is Widow.

 

THANKS,

Edited May 26, 2020 by Somcan

[geowrian 22,337]

The I-130 for a parent of a USC is an immediate relative category. No derivatives are permitted. So the children need separate petitions (I-130s).

This will fall under F2A category, assuming they won't age out into F2B, if she files for them.

 

The good news is F2A (is current right now so they should not age out if she files soon, and processing times are comparable to that of a USC petitioner (historically it was taking 2+ years for F2A) - ~12-16 months.

 

The bad news is all preference categories (like F2A and F2B) are not being issued right now due to the ban (https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/).

That ban may or may not still be in effect by the time their cases are ready for an interview.

Either way, the sooner she files, the sooner they can get a visa.

Edited May 26, 2020 by geowrian

[Somcan 0]

Yes Thanks for  clarification and I was over 21. Other kids I meant 3 under 21