Petition for parents as U.S citizen and they have child under 21

[Annie K. 0]

I am doing paperwork for my parents I130, as US citizen, they count as immediate relative- US. citizenship parents. And they have a child 19 year old, can she qualify as a derivative visa , should i submit another application for her? Will her application be process with my parents?

[NancyNguyen 1,658]

No derivative for IR5. They will sponsor her when they get here.

[Just Paul 4,595]

43 minutes ago, Annie K. said:

And they have a child 19 year old, can she qualify as a derivative visa , should i submit another application for her?

She would not be a derivative for an IR-5.    Once they arrive they can file for her as a F2A.  You should file a petition for her now as your sister and that would become a backup petition in the event that something would happen to the parent that filed.

[SusieQQQ 11,587]

As above. There is no path for them to all get immigrant visas at the same time.

 

Given she is already 19 and you have not filed for your parents yet, there is a chance she may not still be eligible for F2A by the time they are able to file for her.

Edited July 23, 2020 by SusieQQQ

[Annie K. 0]

Thank you.

one more question, not in my case, but if the child is really little Like 5 , he/she cannot come as well? 

Edited July 23, 2020 by Annie K.

[SusieQQQ 11,587]

18 minutes ago, Annie K. said:

Thank you.

one more question, not in my case, but if the child is really little Like 5 , he/she cannot come as well? 

No. There are two options in that case:

1) stay in the home country if keeping the family together is paramount

2) One or both parents get a re-entry permit and return home to stay with the minor up to 2 years and hope they can get an F2A visa within that timeframe. There will still be some separation at the start while parents enter US and apply for REP/wait for bio. Parent not living in the US causes issues for sponsorship (income, will have to re-establish domicile)and will almost certainly need joint sponsor for that case too.

 

But the absolute bottom line is that if the child is too young to leave behind then they should not be considering emigration, at least not under this category.