Questions about derivative/accompanying beneficiaries

[SH-K 1]

Hi all, I am a US Citizen and filed I-130 for my mom on October 22, 2021. My mom's case got approved on the 24th of February 2023 (roughly a week ago) and it arrived at NVC yesterday. I have two brothers who were under the age of 21 and unmarried when I filed my mom's application and still are unmarried though one is now over the age of 21. At the time of filing, one of my brothers was barely under 21 born on 11/22/2000 (20 years and 11 months old) and the second is still under 21 (born on 11/29/2004). When I filed the 1-130 petition for my mom, I added their names to the I-130 application. I used an online CSPA calculator, and both qualify from the under the age of 21 perspective, but my question is do they qualify as Derivative beneficiaries of my mom's visa application?

If yes, the CEAC says I can add derivatives under the "applicant Information" section. Does that section open after pay the fees for the primary applicant because I don't see it yet? Finally, When I add the derivative/accompanying relatives (my brothers) will CEAC tell me if they qualify or not?

thank you

[Crazy Cat 41,814]

27 minutes ago, SH-K said:

When I filed the 1-130 petition for my mom, I added their names to the I-130 application.

You cannot add siblings to a parent's I-130.  There are no derivatives for immediate relatives of US citizens.  

Edited March 3, 2023 by Crazy Cat

[Boiler 45,449]

Your mother's case does not have derivatives, she is an immediate relative

 

She can file for them when she gets her GC as long as they are unmarried and stay that way

[Mike E 11,739]

25 minutes ago, SH-K said:

Hi all, I am a US Citizen and filed I-130 for my mom on October 22, 2021. My mom's case got approved on the 24th of February 2023 (roughly a week ago) and it arrived at NVC yesterday. I have two brothers

You should  file their I-130s in case of a calamity happening to your mother. 
 

 

[Boiler 45,449]

It seems there are other siblings, have you petitioned them?

[Mike E 11,739]

4 minutes ago, Boiler said:

It seems there are other siblings, have you petitioned them?

Interesting. 
 

 OP was told 2 years ago that there were no derivatives 

 

I wonder if the other siblings  were mentioned on the mother’s I-130?

Edited March 3, 2023 by Mike E

[Boiler 45,449]

At least there is no surprise, the younger one might still make it under F2a

[Newcitizen 8]

If the petitioner filed a separate I-130 for their siblings and got approved, can he request the NVC or embassy to expedite the siblings cases or issue them visas to immigrate with the parents? Thanks.

[Crazy Cat 41,814]

1 hour ago, Newcitizen said:

If the petitioner filed a separate I-130 for their siblings and got approved, can he request the NVC or embassy to expedite the siblings cases or issue them visas to immigrate with the parents? Thanks.

No.  Sibling visa numbers (F4 category)  won't be available for 15 years or longer.  You can not expedite visa number availability, even if the siblings are very young.

Edited March 4, 2023 by Crazy Cat

[SH-K 1]

Hi all, 

 

Thank you all for the responses. I guess the best course of action is to get the mother over and have her file for just the youngest one as a follow-in immediately and also file for the one that is over 21 (which will take longer). I did add all the children to the I-130 including the two married ones. 

[milimelo 4,475]

25 minutes ago, SH-K said:

Hi all, 

 

Thank you all for the responses. I guess the best course of action is to get the mother over and have her file for just the youngest one as a follow-in immediately and also file for the one that is over 21 (which will take longer). I did add all the children to the I-130 including the two married ones. 

It wouldn't be a follow-on case. It's a stand alone petition X2 - one son will be F2A category (also shouldn't get married), the other one will be F2B as long as he remains unmarried.