Bring over parents and siblings issue (merged)

[Tay123 4]

hello all i am a usa citizen.

 

i petitioned for my parents and siblings. my parents case is likley going to be muuuuch quicker due to IR5 being quicker but what can i do if i have a sibling who is young and needs to be with my parents? he is under 15 years old and if my parents come to the USA and his case is still waiting for a slot, that can be very difficult.

 

please advise. 

[Crazy Cat 42,135]

They cannot all immigrate together through you. 

@SusieQQQ is an expert for this situation.  Good luck.

[aaron2020 11,651]

14 minutes ago, Tay123 said:

hello all i am a usa citizen.

 

i petitioned for my parents and siblings. my parents case is likley going to be muuuuch quicker due to IR5 being quicker but what can i do if i have a sibling who is young and needs to be with my parents? he is under 15 years old and if my parents come to the USA and his case is still waiting for a slot, that can be very difficult.

 

please advise. 

Unfortunately, there is nothing you can do.  When a USC petitions for a parent, only the parent can get a visa.  Derivative beneficiaries are not allowed.  There is absolutely no way for your parents to immigrate with any children.  

 

Your family has a couple of choices. 

Choice 1.  One parent immigrates and the other stays behind.  The LPR parent then petitions for the spouse and derivative child in the F2a category.

 

Choice 2.  One or both parents immigrates, get Re-Entry Permits, file to petition for their child under 21 in the F2a category.

[Boiler 45,965]

Or wait until the child is self sufficient and then immigrate.

[Tay123 4]

41 minutes ago, aaron2020 said:

Unfortunately, there is nothing you can do.  When a USC petitions for a parent, only the parent can get a visa.  Derivative beneficiaries are not allowed.  There is absolutely no way for your parents to immigrate with any children.  

 

Your family has a couple of choices. 

Choice 1.  One parent immigrates and the other stays behind.  The LPR parent then petitions for the spouse and derivative child in the F2a category.

 

Choice 2.  One or both parents immigrates, get Re-Entry Permits, file to petition for their child under 21 in the F2a category.

is F2a quicker?

 

again i applied for my siblings as well but i heard that takes like 10 years atleast.  

 

Since  my parents will get green cards as soon as they enter the US, can my parents file for their unmarried kids (my siblings) under 21 right away? how long of a process is that if my parents do it as LPRs?

Edited September 16, 2021 by Tay123

[Boiler 45,965]

Yes and 2? Years

[aaron2020 11,651]

1 hour ago, Tay123 said:

is F2a quicker?

 

again i applied for my siblings as well but i heard that takes like 10 years atleast.  

 

Since  my parents will get green cards as soon as they enter the US, can my parents file for their unmarried kids (my siblings) under 21 right away? how long of a process is that if my parents do it as LPRs?

Your parents can file the I-130 on the same day when they immigrate to the US.  Their immigration visas becomes temporary green cards upon endorsement by CBP.  It takes about 2 years for an LPR to petition for a spouse or unmarried child under age 21 in the F2a category.  

[Tay123 4]

12 minutes ago, aaron2020 said:

Your parents can file the I-130 on the same day when they immigrate to the US.  Their immigration visas becomes temporary green cards upon endorsement by CBP.  It takes about 2 years for an LPR to petition for a spouse or unmarried child under age 21 in the F2a category.  

so this is definitely advised as opposed to sibling having a sibling.

 

interesting. 

 

what if child is unmarried but is 24?

[Boiler 45,965]

Takes longer

[Tay123 4]

5 minutes ago, Boiler said:

Takes longer

hello,

 

per this website, the visa bulletin says F2A is C for current i assume? what does this mean if you can please advise

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66

Edited September 16, 2021 by Tay123

[Boiler 45,965]

C stands for current, no wait for a visa number.

[Tay123 4]

1 hour ago, Boiler said:

C stands for current, no wait for a visa number.

So if my parents were here right now as green card holders and they applied form i130 for my brothers who are under 21 and not married, they would be accepted pretty much right away if all things go smoothly? No multi year wait?

[Boiler 45,965]

Just normally processing time currently.

[aaron2020 11,651]

3 minutes ago, Tay123 said:

So if my parents were here right now as green card holders and they applied form i130 for my brothers who are under 21 and not married, they would be accepted pretty much right away if all things go smoothly? No multi year wait?

No.  Nothing ever happens right away.  It will still take USCIS time to review the I-130 before approval, time to transfer to the NVC, time for the NVC to process after documents are submitted, and the consular interview.  About the same time as petitioning for a parent.  HOWEVER, this is because the F2a category is current right now.  If that changes, it could take longer.  The F2a process from I-130 to a visa in hand is about 2 years.

[Tay123 4]

3 hours ago, aaron2020 said:

No.  Nothing ever happens right away.  It will still take USCIS time to review the I-130 before approval, time to transfer to the NVC, time for the NVC to process after documents are submitted, and the consular interview.  About the same time as petitioning for a parent.  HOWEVER, this is because the F2a category is current right now.  If that changes, it could take longer.  The F2a process from I-130 to a visa in hand is about 2 years.

Got it but there is currently no waiting time as in a visa slot becoming open?