Trying to bring wife's family to US. If parents' (future green card holder) sponsor children (wife's siblings) to US, does age at time of application matter or age at time of immigration to US?

[Hassan Raza 3]

My wife is now a green card holder and will become a citizen in approximately January 2025 (3 years after obtaining her conditional green card).

 

She also wants to bring her parents and (currently) under-18 siblings to the US on an immigrant visa.

 

I just learned that her siblings can't come to the US with her parents as an immediate relative.

 

If her parents immigrate first and then sponsor their children (my wife's siblings on a preference relative 2), can this be done if the child is over 18, or does it have to be under 18? And do they look at the child's age at the time of application or when they arrive for the interview? We're worried the sister may be turning 18 right around that time.

 

Thanks!

[Boiler 45,313]

18 has nothing to do with.

 

LPR's can only sponsor unmarried children, and assuming that will be the case their adjusted age over or under 21 will matter. Over 21 is longer.

 

She can also as a USC sponsor her siblings, married or single.

[appleblossom 2,328]

20 minutes ago, Hassan Raza said:

My wife is now a green card holder and will become a citizen in approximately January 2025 (3 years after obtaining her conditional green card).

 

She also wants to bring her parents and (currently) under-18 siblings to the US on an immigrant visa.

 

I just learned that her siblings can't come to the US with her parents as an immediate relative.

 

If her parents immigrate first and then sponsor their children (my wife's siblings on a preference relative 2), can this be done if the child is over 18, or does it have to be under 18? And do they look at the child's age at the time of application or when they arrive for the interview? We're worried the sister may be turning 18 right around that time.

 

Thanks!

 

How old are the siblings now?

[Hassan Raza 3]

2 hours ago, appleblossom said:

 

How old are the siblings now?

Her sister is going to turn 16 in November 2023. My wife got her green card in Jan 2022 so she can apply for US citizenship in Jan 2025. The process I'm assuming will take 6 months or so so once she's a citizen she can call her parents over around July 2025. Her sister will turn 18 in November 2025.

 

But if her parents can sponsor the siblings after coming to the US, and the age doesn't matter (or has to be less than 21) as long as they're not married, then I think the timing will work.

2 hours ago, Boiler said:

18 has nothing to do with.

 

LPR's can only sponsor unmarried children, and assuming that will be the case their adjusted age over or under 21 will matter. Over 21 is longer.

 

She can also as a USC sponsor her siblings, married or single.

What is adjusted age? Under 21 is an earlier preference relative and over 21 is a later preference relative? No immediate relatives for LPRs, correct?

[Boiler 45,313]

Obviously quite a bit of assumptions with such a complicated situation and movements in the Visa Bulletin. Assuming timelines remain similar to what they are now it is possible the sister could come under F2a, I think more likely F2b.

 

Her Sister will be 19 ish when her Parents get here and file for her, F2a is currently a 4 1/2 year wait so if it is still the same she would be reliant on a long I 130 processing. It is possible, but not something to be relied on, F2b is currently an 8 year wait. Quite likely those timelines will go up.

 

All that can be done is file as soon as eligible and see.

[Hassan Raza 3]

1 hour ago, Boiler said:

Obviously quite a bit of assumptions with such a complicated situation and movements in the Visa Bulletin. Assuming timelines remain similar to what they are now it is possible the sister could come under F2a, I think more likely F2b.

 

Her Sister will be 19 ish when her Parents get here and file for her, F2a is currently a 4 1/2 year wait so if it is still the same she would be reliant on a long I 130 processing. It is possible, but not something to be relied on, F2b is currently an 8 year wait. Quite likely those timelines will go up.

 

All that can be done is file as soon as eligible and see.

 

Thank you. Unfortunately, it seems the quickest way to get her siblings here would be through the F2a (better than preference 4 visa). But that will require that her parents come first, leaving her siblings alone in her home country.

[appleblossom 2,328]

19 minutes ago, Hassan Raza said:

 

Thank you. Unfortunately, it seems the quickest way to get her siblings here would be through the F2a (better than preference 4 visa). But that will require that her parents come first, leaving her siblings alone in her home country.

 

It's going to be tight time wise for F2A - as Boiler has said, F2B is more likely, so best to expect that and be pleasantly surprised if it's not.

[appleblossom 2,328]

Also, would suggest your wife applies for her siblings as well as back up.

[Hassan Raza 3]

To differentiate between F2a and F2b is the age of 21. Do they look at the immigrant's age at the time of application or when they go for the interview? For example, if her sister is 20 when applying for the F2a, will she no longer qualify for the F2a if she turns 21 while processing the paperwork?

[Boiler 45,313]

When the Priority date is current.

[appleblossom 2,328]

11 minutes ago, Hassan Raza said:

To differentiate between F2a and F2b is the age of 21. Do they look at the immigrant's age at the time of application or when they go for the interview? For example, if her sister is 20 when applying for the F2a, will she no longer qualify for the F2a if she turns 21 while processing the paperwork?

 

Editing, as Boiler posted at the same time! As he said, PD is what matters. All you can do is make sure you have everything ready to go as soon as your wife is eligible to apply for citizenship, and hope processing times improve (for both citizenship and sponsoring family) between now and then.

Edited September 19, 2023 by appleblossom