Sister possibly aging out for Greencard?!

[Michael_88 6]

Hey Visa Journey! It's been a while but I'm at the stage where now being a U.S. citizen I'll be sponsoring my mother who lives in Canada for her Greencard. I'm well aware of the time frame it would take for her to become legal, roughly 12-13 months on average. My concern is for one of my sisters. She will be turning 18 this July. If my mom files an I-130 petition for my sister as soon as she is approved for her Greencard should my sister still qualify to not have aged out? I was going to put my mothers application in from last year but she wasn't ready to start the process. When exactly does the clock begin in this case? If the petition is submitted say when she is 19 or 20 what happens? Answers would be greatly appreciated!

[Chancy 6,241]

On 4/23/2023 at 5:46 PM, Michael_88 said:

If my mom files an I-130 petition for my sister as soon as she is approved for her Greencard should my sister still qualify to not have aged out?

 

As long as your sister does not get married, she would not age out for a family-based US visa sponsored by your mother.  The question is whether she would qualify under F2A (slow) or under F2B (much slower) category.  Can't answer this before the I-130 (filed by your mother) is approved.

 

On 4/23/2023 at 5:46 PM, Michael_88 said:

I was going to put my mothers application in from last year but she wasn't ready to start the process.

 

That's unfortunate, if your sister's immigration was part of the plan.  That 1-year delay could spell the difference in whether your sister could qualify for a family-based visa in around 5 years or in around 10 years.

 

Edited April 26, 2023 by Chancy
clarified I-130 to be filed by mother

[manyfudge 291]

On 4/23/2023 at 6:46 PM, Michael_88 said:

I was going to put my mothers application in from last year but she wasn't ready to start the process. 

Bear in mind that it takes 1yr+ from the time you apply for your mother to the time she gets an immigrant visa.

I would advise you to file an i-130 for her ASAP to get her place in line, ready or not.

 

Once you have an interview date for her in Montreal, you should start prepping your sister's app (to be sponsored by your mother).

That way, the day your mother lands in the U.S., her i-130 for your sister is ready to go.

 

I-130s can be filed online. 

Do not forget to take screenshots of each page.

[Family 3,988]

As a lucky Canadian, sister can also study at a US University while awaiting consular process once mom petitions , without the need for formal F-1 

[manyfudge 291]

1 minute ago, Family said:

As a lucky Canadian, sister can also study at a US University while awaiting consular process once mom petitions , without the need for formal F-1 

Except (comparing instate to mainstream Canadian universities ALL of which are public), Canadian unis are a fraction of the cost of U.S. ones.

[Michael_88 6]

On 4/26/2023 at 1:23 PM, manyfudge said:

Bear in mind that it takes 1yr+ from the time you apply for your mother to the time she gets an immigrant visa.

I would advise you to file an i-130 for her ASAP to get her place in line, ready or not.

 

Once you have an interview date for her in Montreal, you should start prepping your sister's app (to be sponsored by your mother).

That way, the day your mother lands in the U.S., her i-130 for your sister is ready to go.

 

I-130s can be filed online. 

Do not forget to take screenshots of each page.

Yes, I'm well aware it takes a 1yr+ to sponsor my mother to gain LPR status here in the USA. As you suggested the plan is to have my sisters  I-130 petition ready and prepped to be filed the day my mom enters the U.S. Hopefully it all goes well and she can join my other siblings at the same time. I was reading and watched a few YouTube videos where it stated children under 21 of LPR's who recently  arrived can file AOS  if they're already in the U.S and still have ample time on their I-94 record. Is this also an option? Could my mom just file for her  I-130 / AOS within the states if consular  filing seems unrealistic in terms of her aging out? Much thanks again!

[Michael_88 6]

On 4/25/2023 at 10:59 PM, Chancy said:

 

As long as your sister does not get married, she would not age out for a family-based US visa sponsored by your mother.  The question is whether she would qualify under F2A (slow) or under F2B (much slower) category.  Can't answer this before the I-130 (filed by your mother) is approved.

 

 

That's unfortunate, if your sister's immigration was part of the plan.  That 1-year delay could spell the difference in whether your sister could qualify for a family-based visa in around 5 years or in around 10 years.

 

Yes it's unfortunate but hopefully it all works out when the time draws nearer🤞🏼. Like you'd mentioned it's hard to really determine anything until my mothers I-30 petition is approved.

Edited May 10, 2023 by Michael_88
more to add

[Michael_88 6]

On 4/26/2023 at 1:56 PM, Family said:

As a lucky Canadian, sister can also study at a US University while awaiting consular process once mom petitions , without the need for formal F-1 

Very true! as Canadians we do have that benefit and option.

[Michael_88 6]

On 4/26/2023 at 1:58 PM, manyfudge said:

Except (comparing instate to mainstream Canadian universities ALL of which are public), Canadian unis are a fraction of the cost of U.S. ones.

True Canadian post secondary education is much cheaper but it's still great to have options.

[SalishSea 17,827]

On 4/23/2023 at 3:46 PM, Michael_88 said:

roughly 12-13 months on average.

I would expect it to take longer, especially being Canada.

[Boiler 45,486]

1 hour ago, SalishSea said:

I would expect it to take longer, especially being Canada.

Agree going to be tight for F2a

[powerpuff 6,697]

~~ Duplicate thread removed. Please do not start multiple threads for related topics as that’s considered spamming ~~
 

8 minutes ago, Michael_88 said:

Hey VJ!  I was reading and watched a few YouTube videos where it stated children under 21 of LPR's who recently  arrived in the U.S. can file AOS  if they're already in the U.S and still have ample time on their I-94 record. Is this an option for my 18 year old sister who who resides in Canada?  Could my mom just file for her  I-130 / AOS within the States if consular filing seems unrealistic in terms of her aging out? My entire immediate family plan on moving to Florida by mid 2025. I just wanted to know what her options were and if these claims of AOS within the  U.S for children of LPR's actually held some weight. Much thanks again!

Coming to the US with the intent to stay and adjust status is immigration fraud. So no, it is not an option for her as she is outside of the US. Again, planning to come to the US with intent to AOS is fraud.
 

Moreover, TOS of this site prohibits discussing fraudulent activities.

[Michael_88 6]

29 minutes ago, powerpuff said:

~~ Duplicate thread removed. Please do not start multiple threads for related topics as that’s considered spamming ~~
 

Coming to the US with the intent to stay and adjust status is immigration fraud. So no, it is not an option for her as she is outside of the US. Again, planning to come to the US with intent to AOS is fraud.
 

Moreover, TOS of this site prohibits discussing fraudulent activities.

Thank you for your input and no one is planning to commit fraud or devise a plan to sneak into the USA. She is a Canadian, it's simply not that deep or dire that she comes at the same time as my mother and other siblings. I just wanted better clarity on what I saw stated in a video. It was a question so need to get into the terms and conditions of the site as if I'm in violation. The whole point of the forum is to gain better understanding of ones options and how the system works. Thank you though!