mother-in-law and wife's siblings

[SH-K 1]

We are thinking about filing petitions for my mother-in-law and my wife's siblings (3 brothers and 1 sister (married)). My wife is a US Citizen. I will be the co-sponsor and can show income support documentation for all. One brother and sister are over the age of 21. One brother is going to be 21 in December and finally the youngest is 17. Father is deceased. The supporting documentation is ready to file any time.

My questions are:

1: Do we need to file a separate petition for the two children under the age of 21 or they will be considered dependents on the mother's petition?

2: Will the 17 year old be able to come to the US when the mother's petition is approved with her (assuming its approved in a 1-2 years) or will have to wait?

3: Will one turning 21 in December be considered a dependent if we file before his birthday while he is under 21?

 

 

[HRQX 4,145]

20 hours ago, SH-K said:

Do we need to file a separate petition for the two children under the age of 21

Yes, separate petitions are required.

20 hours ago, SH-K said:

dependents on the mother's petition?

The IR-5 category does not allow derivatives.

20 hours ago, SH-K said:

The supporting documentation is ready to file any time.

The I-864 for the siblings will be outdated since their process will take 15+ years to complete. But here is an alternative route for the unmarried children; after the mother's IR-5 visa is issued the mother could do the following:

1. Enter the US with the IR-5 visa
2. File three I-130 petitions for F2A and F2B process. I recommend online filing for that: https://www.uscis.gov/i-130
3. File I-131 application (by mail) to request Reentry permit
4. Open bank account, etc. to establish her US domicile
5. Wait for and then attend the biometrics appointment for the Reentry permit process.
6. Leave the US after attending the biometrics appointment. https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities." On the I-131 application the LPR can indicate that the Reentry permit will be picked up at the preferred US consulate/embassy.

#3, #5, and #6 above are optional (i.e. she could remain in the US while the children's visas are processed). The unmarried children must remain unmarried until they enter the US with F2A or F2B visa because there isn't a category for married child of LPR.

Edited August 22, 2021 by HRQX

[SH-K 1]

45 minutes ago, HRQX said:

Yes, separate petitions are required.

The IR-5 category does not allow derivatives.

The I-864 for the siblings will be outdated since their process will take 15+ years to complete. But here is an alternative route for the unmarried children; after the mother's IR-5 visa is issued the mother could do the following:

1. Enter the US with the IR-5 visa
2. File three I-130 petitions for F2A and F2B process. I recommend online filing for that: https://www.uscis.gov/i-130
3. File I-131 application (by mail) to request Reentry permit
4. Open bank account, etc. to establish her US domicile
5. Wait for and then attend the biometrics appointment for the Reentry permit process.
6. Leave the US after attending the biometrics appointment. https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities." On the I-131 application the LPR can indicate that the Reentry permit will be picked up at the preferred US consulate/embassy.

#3, #5, and #6 above are optional (i.e. she could remain in the US while the children's visas are processed). The unmarried children must remain unmarried until they enter the US with F2A or F2B visa because there isn't a category for married child of LPR.

Thank you HROX, so if i understood your comments correctly, I can estimate, assuming the mother arrives by end of next year and files immediately, that:

 

1: The youngest son who will be 18 would be assigned F2A and could arrive within the following year?

2: The two older sons would be older than 21 at that time and unmarried so they will be assigned F2B with estimated arrival times of 5-8 years?

 

Am i correct?

[milimelo 4,481]

Next year for IR-5 for a petition that hasn’t even been filed is extremely optimistic. I’d give it 2 years minimum until visa in hand given the numbers of people waiting fir interviews/NVC interview scheduling. 

[KAMN 125]

17 minutes ago, milimelo said:

Next year for IR-5 for a petition that hasn’t even been filed is extremely optimistic. I’d give it 2 years minimum until visa in hand given the numbers of people waiting fir interviews/NVC interview scheduling. 

Got it, so even if its 2 years that puts the youngest at 19 years, still a F2A status correct?

Edited August 22, 2021 by KAMN

[HRQX 4,145]

7 minutes ago, KAMN said:

Got it, so even if its 2 years that puts the youngest at 19 years, still a F2A status correct?

Yes. The odds of ageing out (i.e. the case turning from F2A to F2B) are low: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The formula for calculating CSPA age is as follows:

Age at Time of Visa Availability - Pending Time = CSPA Age

Example:

You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

21 years and 4 months - 6 months = 20 years and 10 months

 

 

F2A is "Current" right now, but in the future who knows. I.e. at some point the category could be over subscribed and thus it would retrogress.

[SH-K 1]

2 minutes ago, HRQX said:

Yes. The odds of ageing out (i.e. the case turning from F2A to F2B) are low: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The formula for calculating CSPA age is as follows:

Age at Time of Visa Availability - Pending Time = CSPA Age

Example:

You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

21 years and 4 months - 6 months = 20 years and 10 months

 

 

F2A is "Current" right now, but in the future who knows. I.e. at some point the category could be over subscribed and thus it would retrogress.

Great. Hopefully, 2 years window + CSPA is good enough for the last one. Thank you again for the explanation of the process.