Can my siblings migrates to the US with my mom if they’re less than 21yo by just listing them on my mom i-130 & her DS-260?

[Dammy099 0]

Please I’m new to this forum my question is can my siblings that are less than 21 migrates to the US with my mom?

 

I already filed for my mom. Her I-130 has been approved & I’m about to submit everything requested for by the NVC (no complications so far). Truth is my siblings are my targets but I can’t wait the 10-14yrs process it takes to file for siblings and that’s why I did my mom so that they can be listed on her case (I make sure to list them on her i-130 & I just did same in her DS-260 in the part that asked to list who will be migrating with her). Please how true is this & is there anything I need to do in this situation that can help in getting my siblings here?

Edited December 25, 2021 by Dammy099

[Crazy Cat 42,131]

There are no derivatives for immediate relatives of US citizens.  They all require a separate I-130s if you petition for them.  They cannot immigrate with your Mother.

Edited December 25, 2021 by Crazy Cat

[Dammy099 0]

2 minutes ago, Crazy Cat said:

There are no derivatives for immediate relatives of US citizens.  They all require a separate I-130s if you petition for them.  

Thank you. So will my best shot be that my mom filed for them when she’s here in the states since me doing it will take longer years?

[Crazy Cat 42,131]

Just now, Dammy099 said:

Thank you. So will my best shot be that my mom filed for them when she’s here in the states since me doing it will take longer years?

Yes. 

[Dammy099 0]

2 minutes ago, Crazy Cat said:

Yes. 

I’m sorry to bug you with my too much questions. Please do you know how soon my mom can file for my siblings after she migrate to the US & what are the requirements: Like did she have to be a citizen or How many years did she have to be in the states for before she can file for them?

[Crazy Cat 42,131]

5 minutes ago, Dammy099 said:

Please do you know how soon my mom can file for my siblings after she migrate to the US 

As a Legal Resident, she can file for them Immediately.  Once they are 21 or older, they must be unmarried. 

[SteveInBostonI130 3,482]

If they are less than 21 when your mother applies for them, then they will be F2A category, which currently has no visa wait time.  It will take 1-2 years for processing, but they do not have to wait for a visa number to be available.

 

If they are over 21 years old then they will be category F2B, which will take about 7 years for a visa to be available.  This is for most countries except Mexico and the Philippines.   For those 2 countries it will take longer - 21-22 years for Mexico and 10-11 years for the Philippines.

 

Your siblings must remain unmarried.  If they marry, then your mom will have to wait until she becomes a citizen in order to petition for them under the F3 category, which also has longer wait times.  If they are married, it would be better for you to apply for them now in the F4 category.

 

 

[Dammy099 0]

1 hour ago, SteveInBostonI130 said:

If they are less than 21 when your mother applies for them, then they will be F2A category, which currently has no visa wait time.  It will take 1-2 years for processing, but they do not have to wait for a visa number to be available.

 

If they are over 21 years old then they will be category F2B, which will take about 7 years for a visa to be available.  This is for most countries except Mexico and the Philippines.   For those 2 countries it will take longer - 21-22 years for Mexico and 10-11 years for the Philippines.

 

Your siblings must remain unmarried.  If they marry, then your mom will have to wait until she becomes a citizen in order to petition for them under the F3 category, which also has longer wait times.  If they are married, it would be better for you to apply for them now in the F4 category.

 

 

Please does that timeline of them being less than 21 has to be when my mom filed their i-130 or when their case got to NVC? (Reason is my oldest sibling is 19 and she turn 20 next year, I’m sure by the time we do the i-130 next year it will take time before it got approved and she’ll probably be over 21 by the time the process get to the NVC stage)

[SalishSea 18,096]

14 minutes ago, Dammy099 said:

Please does that timeline of them being less than 21 has to be when my mom filed their i-130 or when their case got to NVC? (Reason is my oldest sibling is 19 and she turn 20 next year, I’m sure by the time we do the i-130 next year it will take time before it got approved and she’ll probably be over 21 by the time the process get to the NVC stage)

The point is, she has to stay unmarried.

 

Btw, all of these processes will take several years.  Nothing is fast for US immigration.

[SteveInBostonI130 3,482]

12 hours ago, Dammy099 said:

Please does that timeline of them being less than 21 has to be when my mom filed their i-130 or when their case got to NVC? (Reason is my oldest sibling is 19 and she turn 20 next year, I’m sure by the time we do the i-130 next year it will take time before it got approved and she’ll probably be over 21 by the time the process get to the NVC stage)

 

From my understanding, because category F2A is current (that is, visa immediately available no matter the PD date), the child's CSPA age is effectively the date the I-130 petition is filed.- NOA1 date.

 

This is because they will calculate the visa available age as the age of the child when the I-130 is approved, minus the time it took for the I-130 to be processed.  Therefore no matter how long the petition took to be approved, that time is subtracted.  In effect, the PD date will be the CSPA age date of the child.

 

This is only if category F2A remains "current" when the I-130 is approved for the child.  It has been current for a while now, so I do not think it will change anytime soon.  

 

One other thing - I believe the child will need to submit a DS-260 within 1 year of the petition getting approved to lock in the CSPA age.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa