Adjustment of Status for Mother - Can unmarried younger sister be included?

[islandgirllikessu 0]

Hi!

 

I was born in the US but shortly after my parents moved to Spain. My parents divorced,  and we are back in the US. I will be petitioning for my mother's adjustment of status but I would like to know if I can  include my 18 year old sister in the petition as well so she can adjust status as well? She is unmarried and 18 and currently in the US with us. I was told that I can send her i-130 once my mother's receives the approval letter for the i-130. Does this sound right?

 

Your help is very welcome and appreciated. 

 

[Boiler 45,525]

No

 

You can petition her but there is a very long want so she can not stay and adjust.

 

Now your Mother can petition her as well when she adjusts but that is still a wait but not as long. I assume she is not married.

Edited July 13, 2023 by Boiler

[islandgirllikessu 0]

Thank you for your response. Correct, she is not married. I was told by a lawyer that once my mother receives an approval letter for the I-130, she could petition for her. 
What I'm understanding from you is first to petition for my mother GC first which might take 1-2 years (I dont know the timeframes)? then once she has a GC she can petition for my sister? By then she will be 19 or 20, so do you have an idea how long it takes to bring the daughter of a US citizen once the daughter has turn 21 and under 21?

[Boiler 45,525]

2 minutes ago, islandgirllikessu said:

Thank you for your response. Correct, she is not married. I was told by a lawyer that once my mother receives an approval letter for the I-130, she could petition for her. 
What I'm understanding from you is first to petition for my mother GC first which might take 1-2 years (I dont know the timeframes)? then once she has a GC she can petition for my sister? By then she will be 19 or 20, so do you have an idea how long it takes to bring the daughter of a US citizen once the daughter has turn 21 and under 21?

Hmm well it will be the daughter of a LPR not USC, so many variables, at the moment F2a is backlogged a couple of years and I have no clue what the position will be when your Mother files well I do not know how long your Mothers case will take, depends on the Regional Office.

 

I could see she may age out into the over 21 category, might well come down to if she just turned 18 or nearly 19. Now people will have their opinions but if she goes to F2b and depending on the Country could be a very long wait.

[Chancy 6,241]

1 hour ago, islandgirllikessu said:

She is unmarried and 18 and currently in the US with us. I was told that I can send her i-130 once my mother's receives the approval letter for the i-130.

 

You may petition for your sister right now, or same time that you petition for your mother.  But your sister cannot be included as a derivative in your mother's petition.  You will need to file separate I-130 petitions for them.

 

Even if you petition for both of them, only your mother can stay in the US, by filing an I-485 application.  Your sister cannot file an I-485 and cannot stay legally in the US beyond the expiration of her current stay.  She will need to wait for a visa number to be available to her before she can apply for an F4 (sibling of USC) visa from outside the US, maybe in around 16 years or so.

 

After your mother's I-485 is approved (I-130 approval alone is not enough), she may also file an I-130 petition for your sister.  It's possible but unlikely that your sister will not age out of F2A (minor child of LPR) category, so I'm assuming that she will be under F2B (unmarried adult child of LPR) category if your mother petitions for her.  So your sister cannot file an I-485 and cannot stay legally in the US based on the I-130 petition from your mother.  She will still need to wait for a visa number before she can apply for an F2B visa from outside the US, maybe in around 8 years or so, after your mother files the I-130.

 

I assume your sister is here on ESTA?  She must leave the US before her current I-94 expires.  Because she is already 18 years old, she will accrue unlawful presence if she overstays in the US.  Any overstay will jeopardize her chances of visiting the US in the future and could result in a ban.