How can ir5 immigrant sponsor their kids under 21

[Rabia Ahsan 6]

4 minutes ago, Demise said:

 

 

They can file immediately. 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, hasn'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).

Thanks a lot for the detail explanation

their stamped visa will expire in March of 2025 is it ok? 

[Demise 1,289]

13 minutes ago, Rabia Ahsan said:

Thanks a lot for the detail explanation

their stamped visa will expire in March of 2025 is it ok? 

So the expiration date on the visa itself doesn't matter. It's the date of entry + 1 year.

 

Other than that, the proof in question just has to be valid as of the date when USCIS gets it. Even if it takes longer than the expiration of the proof (again, date of entry + 1 year) then IR5 isn't conditional so the presumption is that the petitioner remains an LPR. Even if they would RFE for copy of the CG then well, that'd still count for purposes of CSPA.

Edited 10 hours ago by Demise

[appleblossom 2,548]

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? 

Don’t wait for anything! You need to submit asap to try and avoid the older one aging out. As said above, you can just use a copy of the endorsed visa. 
 

When does the older one turn 19 - is s/he only just 18, or about to turn 19?

Edited 10 hours ago by appleblossom

[Rabia Ahsan 6]

2 hours ago, appleblossom said:

Don’t wait for anything! You need to submit asap to try and avoid the older one aging out. As said above, you can just use a copy of the endorsed visa. 
 

When does the older one turn 19 - is s/he only just 18, or about to turn 19?

July 7th

[appleblossom 2,548]

2 hours ago, Rabia Ahsan said:

July 7th

 

OK. Unless things speed up it will probably hinge on how long the I-130 takes to be processed then - keep your fingers crossed it's not quick!

 

Good luck.