I130 Petition for parents with 6 year old sibling

[sbane12 63]

Looking for some advice here as I have had some really conflicting information presented to me.

My wife is a US Citizen. She will be petitioning for her Mother and Father to immigrate to the US using the I-130. We will be filing a single I-130 for each.
She has a 6 year old sibling that was also born to both parents that lives with both parents. 

From what my extensive research has shown, and following the letter of the law, if we tried to file an I-130 for the sibling as well that sibling would be moved into the F4 category which is like a decade or 2 wait period. Doesn't matter that she is so young. I-130 IR category does not allow follow-on/Derivatives. I even called the USCIS hotline and spoke to an agent just to see if they confirmed this information, and they did. That call was many months ago.

Well, I called the USCIS hotline again just a week ago and was given a different answer all-together. That the sibling would be able to immigrate with the Mother  or Father, as petitioned for, by my US Citizen Wife as a derivative.

I have even seen some forums where users in a similar situation are given advice to have one of the parents add the 6 year old daughter to their visa application once the case is in the NVC Stage as an add-on accompanying dependent of the applicant (obviously the sibling would need to get the med and vacc appointments etc)

Any advice here from people who have experience would be helpful so I can make the most informed decision possible. 

Thanks!

 

[SalishSea 17,829]

8 minutes ago, sbane12 said:

Looking for some advice here as I have had some really conflicting information presented to me.

My wife is a US Citizen. She will be petitioning for her Mother and Father to immigrate to the US using the I-130. We will be filing a single I-130 for each.
She has a 6 year old sibling that was also born to both parents that lives with both parents. 

From what my extensive research has shown, and following the letter of the law, if we tried to file an I-130 for the sibling as well that sibling would be moved into the F4 category which is like a decade or 2 wait period. Doesn't matter that she is so young. I-130 IR category does not allow follow-on/Derivatives. I even called the USCIS hotline and spoke to an agent just to see if they confirmed this information, and they did. That call was many months ago.

Well, I called the USCIS hotline again just a week ago and was given a different answer all-together. That the sibling would be able to immigrate with the Mother  or Father, as petitioned for, by my US Citizen Wife as a derivative.

I have even seen some forums where users in a similar situation are given advice to have one of the parents add the 6 year old daughter to their visa application once the case is in the NVC Stage as an add-on accompanying dependent of the applicant (obviously the sibling would need to get the med and vacc appointments etc)

Any advice here from people who have experience would be helpful so I can make the most informed decision possible. 

Thanks!

 

There are no derivatives for IR categories, so unfortunately the sibling would not be included in those petitions.

[SusieQQQ 11,586]

25 minutes ago, sbane12 said:

have even seen some forums where users in a similar situation are given advice to have one of the parents add the 6 year old daughter to their visa application once the case is in the NVC Stage as an add-on accompanying dependent of the applicant (obviously the sibling would need to get the med and vacc appointments etc)

Not possible. Derivatives are only allowed on F- cases (F1, F2, F3 and F4), not on IR cases. Parents are IR5. If the NVC system somehow lets you add on a derivative that’s one thing, but the child will not get a visa from the consulate because they do not qualify for one.

 

What would normally be suggested in this case is that (1) as soon as the parents get their green cards they file an F2A case for their minor child (2) one or both of the parents gets a re-entry permit to allow them to remain outside the US for up to two years, so they can be with the child while the F2A petition is being processed. Remember you need domicile and income in the US to sponsor the child so either the sponsoring parent needs to stay behind in the US and work, or if both want to be with the child you’ll need a joint sponsor and proof of intent to move back to the US

 

 

Edited June 20, 2021 by SusieQQQ

[sbane12 63]

7 minutes ago, SusieQQQ said:

Not possible. Derivatives are only allowed on F- cases (F1, F2, F3 and F4), not on IR cases. Parents are IR5. If the NVC system somehow lets you add on a derivative that’s one thing, but the child will not get a visa from the consulate because they do not qualify for one.

 

What would normally be suggested in this case is that (1) as soon as the parents get their green cards they file an F2A case for their minor child (2) one or both of the parents gets a re-entry permit to allow them to remain outside the US for up to two years, so they can be with the child while the F2A petition is being processed. Remember you need domicile and income in the US to sponsor the child so either the sponsoring parent needs to stay behind in the US and work, or if both want to be with the child you’ll need a joint sponsor and proof of intent to move back to the US

 

 

Thanks for the advice.

So once both parents are here they petition for their young child AND apply for a re-entry permit at the same time?

[SusieQQQ 11,586]

8 minutes ago, sbane12 said:

Thanks for the advice.

So once both parents are here they petition for their young child AND apply for a re-entry permit at the same time?

Assuming they want to get their child to come and that they don’t want to leave the child behind without them, yes. As I already said it may be more feasible for only one to file a reentry permit and the other to stay in the US. I don’t know their circumstances to judge which is better for them.