Filed I130 for parents. Do I need to file separate petition for my 10-year sister?

[assilem2k6]

Please help! I filed I-130 for my mom and dad 3 months ago. I have not filed one for my sister yet. I was told I should file separate petition for my little sister eventhough she's a minor, which I believe would take a long time before she gets here. (I heard 20 years or so.) I need to clarify this matter. I wonder if she can just come with my mom without a separate petition since she's a minor. Who ever cares and who ever happens to have heard the same situation, please respond asap. I'm really worried about my sister since that'll be hardship for her if that happens. Thank you sooo much!

[irachka]

Unfortunately that's not possible. I am telling you what a lawyer would tell you. The best course of action so your sister won't suffer alone in her country is to file petition for your father and leave your mother with your sister.

When your father becomes a Green Card holder, then he can file for them both and it would take about 7 years for them to get their visa, BUT in 4 years and 9 months he can become a US citizen (5 years of taxes required, 1 can be excused), then all he would have to do is to get an update for your mom and sister to USCIS. They would be here 6 months after that.

Just an idea.

[karissa2000]

I thought when a petition is filed for someone any children under the ages of 21 can also be benefited and included in that petition. Could someone correct me if i am wrong.

[greencardmaze]

Originally Posted by karissa2000

I thought when a petition is filed for someone any children under the ages of 21 can also be benefited and included in that petition. Could someone correct me if i am wrong.

that is true in all cases except if you are the parent of a US citizen..... you cant bring your children..... we recently have gone through that. my dad just got his green card as a parent of a us citizen, and now he petitioned for my little brother who is 17 years old.... i think it will be 7 years before my brother gets his green card.... if no further retrogression happens!!!

[assilem2k6]

Originally Posted by irachka

Unfortunately that's not possible. I am telling you what a lawyer would tell you. The best course of action so your sister won't suffer alone in her country is to file petition for your father and leave your mother with your sister.

When your father becomes a Green Card holder, then he can file for them both and it would take about 7 years for them to get their visa, BUT in 4 years and 9 months he can become a US citizen (5 years of taxes required, 1 can be excused), then all he would have to do is to get an update for your mom and sister to USCIS. They would be here 6 months after that.

Just an idea.

Thank you for the quick response. I already filed petition for both of my parents though. I guess I'll still pursue that and when my mom gets her green card, then as LPR she can file petition for my little sister. I just hope that one takes shorter than 7 years. Left without a choice for my sister but I guess we'll just work out whatever is possible.

I thought of consulting an attorney but the cost makes me think it's not a good idea. I just thought maybe they could help me bring my sister here faster. Well, I don't know. Maybe we'll just have to wait. I actually got an appointment with USCIS next week to ask an immigration officer and clarify my sister's situation. I think he will just tell me the same thing huh?

Anyways, thank you for the advice.