IR5 for Parents and IV underage child

[MNA1 0]

Our Ir5 visa petition is approved and we are waiting for interview date at Islamabad consulate. We have a son aged 16 years. How will he immigrate with us? There was no option under NVC application portal to add his name as family member for immigrant visa application. Please guide. Thanks!

[powerpuff 6,686]

He cannot immigrate with you; IR5 does not allow derivatives.

 

Once you enter the US and activate your LPR status, you will have to file a petition for him. It is critical that he remain unmarried.

[Penguin_ie 5,993]

*****  One post in another member's thread removed.  Please ask questions about your own case in your own thread ******

[Mike E 11,739]

2 hours ago, powerpuff said:

He cannot immigrate with you; IR5 does not allow derivatives.

 

Once you enter the US and activate your LPR status, you will have to file a petition for him. It is critical that he remain unmarried.

And that he be under 21 when I-130 is filed. OP should become a student of CSPA and the visa bulletin. OP should also file a separate I-130 for this 16 year old sibling as an insurance policy.

[MNA1 0]

Thanks for your comments. Separate I-130 process will take another 2 years as per the backlog. It is impossible to leave him alone as his is a minor (16 years old). Are you suggesting that he should apply for a student visa simultaneously with I-130 from one of the parent after LPR?

Many thanks for your guidance. 

[powerpuff 6,686]

2 minutes ago, MNA1 said:

Thanks for your comments. Separate I-130 process will take another 2 years as per the backlog. It is impossible to leave him alone as his is a minor (16 years old). Are you suggesting that he should apply for a student visa simultaneously with I-130 from one of the parent after LPR?

Many thanks for your guidance. 

No, that’s not what I suggested or am suggesting. Student visa is not for immigrating to the US, which is the intent here so no, I won’t be suggesting immigration fraud. Also, do you really think the CO will issue a non-immigrant student visa when it’s clear that he has an immigrant intent?

 

After you enter the US, file the petition for your son and also for a re-entry permit for yourselves. This allows you to be out of the country without losing your LPR status for up to 2 years. You can wait the process together with your son in Pakistan.

[jan22 3,049]

10 minutes ago, MNA1 said:

Thanks for your comments. Separate I-130 process will take another 2 years as per the backlog. It is impossible to leave him alone as his is a minor (16 years old). Are you suggesting that he should apply for a student visa simultaneously with I-130 from one of the parent after LPR?

Many thanks for your guidance. 

This is not what was suggested.  There is no way he will qualify for a student visa -- that requires proving to the consular officer that you have no immigrant intent and plan to return to your home country after your studies.  He cIearly does have immigrant intent and no intention or returning.   In addition, you need to be aware that student visas can only be used for no more than one year in a public high school with full payment of unsubsidized tuition costs (usually $10,000-15,000).  The rest of high school would have to be at private schools.

Edited April 9, 2023 by jan22

[Boiler 45,451]

Somewhat odd to consider the issue now.

 

Quite how F2a will move is anyone’s guess no longer current 

 

 

[MNA1 0]

8 hours ago, Boiler said:

Somewhat odd to consider the issue now.

 

Quite how F2a will move is anyone’s guess no longer current 

 

 

 

So for clarity what is the best course?

 

1.Parents wait for LPR (estimated 12 months from now) and file F2a for child (this can take 12 to 18 months for the petition and then a wait for the interview date). In total estimated time 2 to 3 years. OR

 

2. US citizen sibling to file I-130 now (not sure the wait time)

 

I know parents who's minor children have immigrated with them at the same time. Not sure if the rules have changed in the last 10 years

 

Thanks everyone for your feedback.

[EM_Vandaveer 2,408]

4 hours ago, MNA1 said:

 

So for clarity what is the best course?

 

1.Parents wait for LPR (estimated 12 months from now) and file F2a for child (this can take 12 to 18 months for the petition and then a wait for the interview date). In total estimated time 2 to 3 years. OR

 

2. US citizen sibling to file I-130 now (not sure the wait time)

 

I know parents who's minor children have immigrated with them at the same time. Not sure if the rules have changed in the last 10 years

 

Thanks everyone for your feedback.

Chances are those parents weren't beneficiaries of Immediate Relative petitions which don't allow for derivatives.

1. is quicker, the parents should also file for re-entry permits which will allow them to leave the US for up to 2 years without losing their LPR status so they can wait with their son for his process in the home country.

[Mike E 11,739]

6 hours ago, MNA1 said:

So for clarity what is the best course?

 

1.Parents wait for LPR (estimated 12 months from now) and file F2a for child (this can take 12 to 18 months for the petition and then a wait for the interview date). In total estimated time 2 to 3 years. OR

 

2. US citizen sibling to file I-130 now (not sure the wait time)

False choice.

 

I wrote before:

 

”OP should also file a separate I-130 for this 16 year old sibling as an insurance policy.”

 

There should be 3 I-130s for child The first one to get to NVC wins.

 

 

Edited April 10, 2023 by Mike E

[Crazy Cat 41,814]

6 hours ago, MNA1 said:

I know parents who's minor children have immigrated with them at the same time. Not sure if the rules have changed in the last 10 years

Rules have not changed.  Those parents did not immigrate via an IR-5 visa.  There are no derivatives of immediate relatives of US citizens.  Those children you remember were, likely, derivatives of an F2A spousal visa. 

Edited April 10, 2023 by Crazy Cat

[Crazy Cat 41,814]

7 hours ago, MNA1 said:

So for clarity what is the best course?

Do both as @Mike E suggested.

Edited April 10, 2023 by Crazy Cat

[Boiler 45,451]

7 hours ago, MNA1 said:

 

So for clarity what is the best course?

 

1.Parents wait for LPR (estimated 12 months from now) and file F2a for child (this can take 12 to 18 months for the petition and then a wait for the interview date). In total estimated time 2 to 3 years. OR

 

2. US citizen sibling to file I-130 now (not sure the wait time)

 

I know parents who's minor children have immigrated with them at the same time. Not sure if the rules have changed in the last 10 years

 

Thanks everyone for your feedback.

Firm believer in having as many petitions going as possible, you never know.

 

No rules have changed.

[MNA1 0]

Thanks for your comments. Separate I-130 process will take another 2 years as per the backlog. It is impossible to leave him alone as his is a minor (16 years old). Are you suggesting that he should apply for a student visa simultaneously with I-130 from one of the parent after LPR?

Many thanks for your guidance. 

On 4/9/2023 at 5:34 PM, Mike E said:

And that he be under 21 when I-130 is filed. OP should become a student of CSPA and the visa bulletin. OP should also file a separate I-130 for this 16 year old sibling as an insurance policy.

 

4 hours ago, Crazy Cat said:

Do both as @Mike E suggested.

Thanks everyone and appreciate your genuine feedback. If we file three I-130s then the sibling can file I-130 now and we (parents) can file when we become eligible as LPR.