I130 for parents

[n400nemo 1]

 

Hello everyone 

My sister wants to bring my parents to the US ( she is a citizen) . We understand we need to fill up two Separate i130 forms . But how about my brother (he is under 15 years old) 

Do we need to fill another i130 form for him or we can add him to my parents form ?

[SusieQQQ 11,587]

9 minutes ago, n400nemo said:

 

Hello everyone 

My sister wants to bring my parents to the US ( she is a citizen) . We understand we need to fill up two Separate i130 forms . But how about my brother (he is under 15 years old) 

Do we need to fill another i130 form for him or we can add him to my parents form ?

Parent visas do not have derivatives, so he cannot be added to their cases, and there is no special visa for minor siblings… it will take 15 years or more to get him a sibling visa. You’d have to work around it by getting one of the parents to sponsor the minor after they get their own green cards, either with other family members looking after him at home while he waits (2 years approx) or one or both parents getting a re-entry permit to stay with him while awaiting the visa.

[Boiler 45,965]

They can of course wait, your Sister could file say 2 years before they are able to move and leave him. Might be only a year or two if say he is planning to go to University.

[HRQX 4,145]

23 hours ago, n400nemo said:

or we can add him to my parents form ?

No, the IR-5 category doesn't allow derivative beneficiaries. https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html "children cannot be included as “derivative applicants” on a parent’s immediate relative (IR) visa or petition."

 

After the parent's IR-5 visa is issued he or she should do the following:

• Enter the US with the IR-5 visa
• File I-130 petition for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
• File I-131 application (by mail) to request Reentry permit
• Open bank account, etc. to establish his/her US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• 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 he/she can indicate that he/she will pick up the Reentry permit at a US embassy or consulate in his/her country.

[n400nemo 1]

On 10/5/2021 at 9:54 PM, SusieQQQ said:

Parent visas do not have derivatives, so he cannot be added to their cases, and there is no special visa for minor siblings… it will take 15 years or more to get him a sibling visa. You’d have to work around it by getting one of the parents to sponsor the minor after they get their own green cards, either with other family members looking after him at home while he waits (2 years approx) or one or both parents getting a re-entry permit to stay with him while awaiting the visa.

Thanks for your reply.. i think will wait for my parents to come and apply for my brother 

 

thanks again 

4 hours ago, HRQX said:

No, the IR-5 category doesn't allow derivative beneficiaries. https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html "children cannot be included as “derivative applicants” on a parent’s immediate relative (IR) visa or petition."

 

After the parent's IR-5 visa is issued he or she should do the following:

• Enter the US with the IR-5 visa
• File I-130 petition for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
• File I-131 application (by mail) to request Reentry permit
• Open bank account, etc. to establish his/her US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• 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 he/she can indicate that he/she will pick up the Reentry permit at a US embassy or consulate in his/her country.

Thanks for your reply.. that’s exactly what we will do