US Citizen sister applying for sister and sister family

[Jorolove 1]

Hello,

I am a US citizen. My sister entered the US with her husband and children under humanitarian parole. Can I apply for my sister and her husband and her children with I-130 together with adjust status I-485 to get green card? If yes, does each person require to have separate I-130 and I-485? If not, what is the best way to get them green card? Thank you very much

[Family 3,988]

You can file only an I-130 for your sister. Her husband and children under 21 are included.  See link to get an idea of how long the wait for priority date is. 
 

They cannot adjust /I-485 at this time . They can keep requesting renewal of HP  . 

IF there is no going back to home country…they can apply for asylum before one year passes. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

[Boiler 45,482]

Which Country is she from

 

How old are the children

 

You filed the I 134a?

 

[Jorolove 1]

3 minutes ago, Boiler said:

Which Country is she from

 

How old are the children

 

You filed the I 134a?

 

Yes I-134a

[Jorolove 1]

59 minutes ago, Family said:

You can file only an I-130 for your sister. Her husband and children under 21 are included.  See link to get an idea of how long the wait for priority date is. 
 

They cannot adjust /I-485 at this time . They can keep requesting renewal of HP  . 

IF there is no going back to home country…they can apply for asylum before one year passes. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

How the her husband and children under 21 are  included? Only one application for all? I thought us citizens are required to file separate application for each person? And why you can’t don't the adjust status so they can get their employment card??? Let me know please. Thank you for your answer

[Family 3,988]

1 minute ago, Jorolove said:

How the her husband and children under 21 are  included? Only one application for all? I thought us citizens are required to file separate application for each person? And why you can’t don't the adjust status so they can get their employment card??? Let me know please. Thank you for your answer

You cannot file anything for a brother-in-law or nephews . 
The petition covers Principal Beneficiary ( your sister ) and derivatives ( spouse and kids).

If you look at that link it tells you how long before the petition will be current…so no adjustment permitted except for IR /immediate relatives such spouse/child/parent of a USC . The IR category does not need to wait

 

WHY?…it’s the law

 

 

 

 

[Jorolove 1]

1 minute ago, Family said:

You cannot file anything for a brother-in-law or nephews . 
The petition covers Principal Beneficiary ( your sister ) and derivatives ( spouse and kids).

If you look at that link it tells you how long before the petition will be current…so no adjustment permitted except for IR /immediate relatives such spouse/child/parent of a USC . The IR category does not need to wait

 

WHY?…it’s the law

 

 

 

 

Thank you, you are right cause I remember I applied for adjusted status but it was for wife of a US citizen. So do the I-130 for the sister only, then when her visa is available at NVC, I can request to include for the derivatives (husband and wife)?

 

the link you provided is for the time I can apply for I-130? Or when visa is available for an I-130 application after being approved?

[Boiler 45,482]

26 minutes ago, Jorolove said:

Yes I-134a

Ukraine?

 

How old are the children?

3 minutes ago, Jorolove said:

Thank you, you are right cause I remember I applied for adjusted status but it was for wife of a US citizen. So do the I-130 for the sister only, then when her visa is available at NVC, I can request to include for the derivatives (husband and wife)?

 

the link you provided is for the time I can apply for I-130? Or when visa is available for an I-130 application after being approved?

You file the I 130 for your sister.

 

And then wait.

[Family 3,988]

1 minute ago, Jorolove said:

Thank you, you are right cause I remember I applied for adjusted status but it was for wife of a US citizen. So do the I-130 for the sister only, then when her visa is available at NVC, I can request to include for the derivatives (husband and wife)?

 

the link you provided is for the time I can apply for I-130? Or when visa is available for an I-130 application after being approved?

The I-130 Petition will automatically include all. Just send everyone‘a birth certificate and sisters marriage certificate as well. 
 

The petition will be approved pretty quickly ( a year or so)..but the link tells you how long before visa will be available.

 

What country? Is asylum an option?

[Jorolove 1]

2 minutes ago, Family said:

The I-130 Petition will automatically include all. Just send everyone‘a birth certificate and sisters marriage certificate as well. 
 

The petition will be approved pretty quickly ( a year or so)..but the link tells you how long before visa will be available.

 

What country? Is asylum an option?

Haiti. Asylum is an option cause it’s very bad there. People can not return, more people are dying there then UK. It’s crazy. 
 

But I was told us citizen needs to file select application for each person, while permanent resident only file one application that covers everyone (derivatives).

I get you response, and it makes sense to me. Thank you again

[Boiler 45,482]

Did they bring evidence with them? How their lives are at risk.

 

UK?

 

How old are the children. You can only sponsor your Sibling F4 category.

 

 

[Jorolove 1]

21 minutes ago, Boiler said:

Did they bring evidence with them? How their lives are at risk.

 

UK?

 

How old are the children. You can only sponsor your Sibling F4 category.

 

 

Not UK. Children 6 and 2 years old

[Timona 4,207]

This plan wasn't thought of so well. 

 

I'm out

[Family 3,988]

13 hours ago, Jorolove said:

Haiti. Asylum is an option cause it’s very bad there. People can not return, more people are dying there then UK. It’s crazy. 
 

But I was told us citizen needs to file select application for each person, while permanent resident only file one application that covers everyone (derivatives).

I get you response, and it makes sense to me. Thank you again

Asylum approvals are hard , Haiti has one highest denial rates. 
Certainly worth fighting for, if no other options. 
Do it soon as it will get more difficult 

[appleblossom 2,483]

14 hours ago, Jorolove said:

Not UK. Children 6 and 2 years old

 

Your sister needs to be aware that there's a good chance her children will 'age out' before they get visas, certainly the older one at least. 

 

What was the UK reference about if they're not there?