How can ir5 immigrant sponsor their kids under 21

[Rabia Ahsan 6]

My mom and dad came to the US and they would like to sponsor their kids one of them is 16 and one is 18 what’s the process? 
Any piece of advice would be appreciated 

thank you 

[appleblossom 2,816]

19 minutes ago, Rabia Ahsan said:

My mom and dad came to the US and they would like to sponsor their kids one of them is 16 and one is 18 what’s the process? 
Any piece of advice would be appreciated 

thank you 

 

It's exactly the same process as when you filed for them. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

But will just take much longer as they're green card holders and so the children aren't immediate relatives of citizens.  When can your parents apply for citizenship?

 

 

[Rabia Ahsan 6]

10 minutes ago, appleblossom said:

 

It's exactly the same process as when you filed for them. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

But will just take much longer as they're green card holders and so the children aren't immediate relatives of citizens.  When can your parents apply for citizenship?

 

 

I believe after 5 years 

they’re waiting for their green card already paid the fee ( do you know how can I track the green card) 

Just don’t wanna waste any time and want to be prepared 

[milimelo 4,513]

1 minute ago, Rabia Ahsan said:

I believe after 5 years 

they’re waiting for their green card already paid the fee ( do you know how can I track the green card) 

Just don’t wanna waste any time and want to be prepared 

Stamped immigrant visa turns into 1-yr green card so that can be used for proof of LPR if they want to file right away. They don't need to wait for physical green card. 

[appleblossom 2,816]

4 minutes ago, Rabia Ahsan said:

I believe after 5 years 

they’re waiting for their green card already paid the fee ( do you know how can I track the green card) 

Just don’t wanna waste any time and want to be prepared 

 

Ah, I didn't realise they'd only just arrived. You can track the green card by putting the receipt number from when they paid the GC fee in to here - https://egov.uscis.gov

 

But as @milimelo has said, their endorsed visas act as temporary green cards for a year anyway so they don't need the physical card yet. 

 

They should file I-130's for the children asap, there's a chance the older one will age out in to F2B category which will add many more years on to his/her wait. 

 

Good luck. 

[Rabia Ahsan 6]

1 hour ago, Rabia Ahsan said:

My mom and dad came to the US and they would like to sponsor their kids one of them is 16 and one is 18 what’s the process? 
Any piece of advice would be appreciated 

thank you 

Which parent should apply? 
my dad starts working but mom can’t work because of knee pain 

[appleblossom 2,816]

Just now, Rabia Ahsan said:

Which parent should apply? 
my dad starts working but mom can’t work because of knee pain 

 

I would suggest that if they have the funds to pay for four lots of I-130 fees, ideally both of them should - just in case something happens to one of them, so you have a back up. 

 

They can get joint sponsors if they don't qualify financially. 

 

Have you petitioned for your siblings as well?

[Rabia Ahsan 6]

1 hour ago, appleblossom said:

 

I would suggest that if they have the funds to pay for four lots of I-130 fees, ideally both of them should - just in case something happens to one of them, so you have a back up. 

 

They can get joint sponsors if they don't qualify financially. 

 

Have you petitioned for your siblings as well?

No I haven’t 

I think it’s best if parents apply for them? 
and it will be a separate petition for both of them? 

[OldUser 7,005]

10 minutes ago, Rabia Ahsan said:

No I haven’t 

I think it’s best if parents apply for them? 
and it will be a separate petition for both of them? 

Yes, separate petitions.

Dad files 2 petitions (one per child)

Mom files 2 petitions (one per child)

 

If dad goes away, mom's petition is still in place and vice versa.

Edited November 26 by OldUser

[appleblossom 2,816]

21 minutes ago, Rabia Ahsan said:

No I haven’t 

I think it’s best if parents apply for them? 
and it will be a separate petition for both of them? 

I just wondered if you’d applied for them back when you became a citizen or when you petitioned your parents. It’ll be quicker if your parents petition then but you might want to as well - awful to think about I know but just in case your parents aren’t around. 
 

And yes, separate petitions. As above, your eldest sibling may age out but all you can do is wait and see. 
 

Good luck. 

[Rabia Ahsan 6]

4 hours ago, Rabia Ahsan said:

My mom and dad came to the US and they would like to sponsor their kids one of them is 16 and one is 18 what’s the process? 
Any piece of advice would be appreciated 

thank you 

And what about the CSPA rule? Is it still valid

[appleblossom 2,816]

Just now, Rabia Ahsan said:

And what about the CSPA rule? Is it still valid

 

Yes, that will apply. But it'll take a while for their Priority Dates to become current, so you won't be able to work that out yet. All you can do is wait and see how long the I-130 takes to process and then when they become eligible for a visa. 

[Rabia Ahsan 6]

7 hours ago, appleblossom said:

 

Ah, I didn't realise they'd only just arrived. You can track the green card by putting the receipt number from when they paid the GC fee in to here - https://egov.uscis.gov

 

But as @milimelo has said, their endorsed visas act as temporary green cards for a year anyway so they don't need the physical card yet. 

 

They should file I-130's for the children asap, there's a chance the older one will age out in to F2B category which will add many more years on to his/her wait. 

 

Good luck. 

So instead of a green card should I send the passport with the stamp page picture? Will it work or is it better to wait for actual card? 

[Rabia Ahsan 6]

18 hours ago, milimelo said:

Stamped immigrant visa turns into 1-yr green card so that can be used for proof of LPR if they want to file right away. They don't need to wait for physical green card. 

So if they file it now should they send a picture of their stamped visa along with their passport? 
or it’s better to wait for the actual card?

[Demise 1,305]

18 hours ago, Rabia Ahsan said:

I believe after 5 years 

they’re waiting for their green card already paid the fee ( do you know how can I track the green card) 

Just don’t wanna waste any time and want to be prepared 

 

10 hours ago, Rabia Ahsan said:

So instead of a green card should I send the passport with the stamp page picture? Will it work or is it better to wait for actual card? 

 

They can file immediately, each kid will need their own I-130. At the I-130 stage only things that're needed are:

1. Proof of permanent residency: generally that's a green card but in this case the stamped immigrant visa is a valid proof. They don't even need an SSN at this point and if they don't have it yet then just leave it blank and explain in the last section "Entered recently, haven't been issued a SSN as of the date of filing this form". 

2. Proof of relationship: This will be the kids' birth certificates with certified translation if not in English.

 

In any case, best to get the ball rolling ASAP. The 18 year old will be cutting it close since the F2A backlog is about 3 years these days. Now, CSPA will definitely help, it allows the time the I-130 is pending to count against the actual age.

Formula is as follows: Age at date of visa availability - time petition was pending = CSPA age.

Then if this comes out to under 21 the sibling has 1 year to "seek to acquire" permanent residency, generally that's filing DS-260 (if abroad) or I-485 (if in US).

 

Age at date of visa ability is the date the priority date becomes current or the date the petition was approved, whichever is later.

 

Other considerations:

• Petitioner's naturalization overwrites normal CSPA calculations, there it's basically under 21 - IR2, over 21 - F1. So in some cases naturalization can actually make things worse.
• The kids have to stay unmarried, marriage will just kill the petition (unless the parent's a citizen at that point where it'll drop it to F3).

Edited November 27 by Demise