FAMILY BASED GC

nbudhathoki

New Member
Hi, I am a US citizen and also in the military. I am applying for my parents immigration visa. I have already received the approval from uscis and the case is in NVC. I am getting ready to submit documents. my question is I have a sister who just turned 21 but was under 21 at the time I filed petition for my parents at USCIS, is there anyways my sister is eligible to come with my parents? if not what are her option?
 
No. The Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen) cannot have derivative beneficiaries. Your sister could not immigrate with your parents no matter what age she was.

Assuming she is unmarried and remains unmarried, your parents could immediately petition her as soon as they enter the US, and she would be in the F2B category (over-21 unmarried child of permanent resident), which has a wait of about 6.5 years for people born in most countries (much longer for people born in Mexico or the Philippines). You can also petition her at any time in the F4 category (sibling of US citizen), which has a wait of about 13 years for people born in most countries (much longer for people born in Mexico or the Philippines). Your parents petitioning would be faster than you petitioning except if she was born in Mexico. Multiple people can petition at the same time; they do not conflict.
 
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