Derivative application for child over 21

[afiguere]

Hi there, my wife is a US citizen applying for her mom. My wife also has a younger sister (same father and mother).

Where I am lost is this. Here is the situation. The sister is in the US, her mom is abroad and going to do consular processing. Once the I-130 is approved, can the sister (over 21) put in her I-485 as a derivative in the US once her mother gets a visa number or does she have to wait for her mother's I-485 to be approved and then the mother apply for her daughter as an LPR?

 

[familybased]

Sorry, the sister has to wait the mother to become LPR to file her petition under F2B category (Unmarried Son or Daughter over 21 of LPR). They can upgrade their case to F1 (unmarried son or daughter over 21) or F3 (married son or daughter with derivative status for the sister’s husband and children) if the sister stays unmarried to retain her priority until the mother becomes USC. There is no derivative status for immediate family members of USC even though the sister was under 21 years old. It will take a few years for the visa number to become current.
Good Luck