Fileing for under 21 minor child

H

hgirly_30

Registered Users (C)
I am US CITIZEN and
I have filed the paper work for my mother’s Green Card, which is under process. I have a minor sister, aged 18. When I was completing the paperwork for my mother I was advised not to fill-up my sister name in a column where it asked “Write the name of minor who will accompany”. So I did not mention my sister name in the form as per the advise.

In this situation please advise what options I have that my sister, being minor, can come along once my mother received her Green Card?

Is that my mother can only file for my sister once my mother becomes herself as US citizen? Or can she do after she gets her Gredd Card...How long this process will take?


Or is there a way that once my mother receives her Green Card she can bring her minor daughter on a dependent VISA. Is that this way the process will be little fast?
 
Options are whichever the fastest one of below.
1. you apply for your sister under F4
2. Your parents apply for you sister under F2B while they are LPRs.
3. Your parents apply for your sister under F1 when they become US citizen.(if she was single)
4. your parents apply for your sister under F3 when they become US citizen. (if she got married)

I guess #2 is the fastest in general, but depends on where she is from.
 
Last edited by a moderator:
F2B = familay base preference category 2B
http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html

LPR = Lawful Permanent resident.

No derivative status for children of immediate relatives, meaning you have to have separate petition to your sister. Having separate petition for her means that she won't be considered your immediate relative like your parents.
http://www.state.gov/documents/organization/87553.pdf

9 FAM 42.31 N4.3 Second Preference Converts to
Immediate Relative
(CT:VISA-1085; 10-20-2008)
A second preference petition for the spouse of a lawful permanent resident
(LPR) automatically converts to an immediate relative petition if the
petitioner becomes a U.S. citizen. However, derivative second preference
status for the beneficiary's child(ren) does not convert, since there is no
derivative status for immediate relative petitions. The petitioner must file a
separate petition for the child, if the child meets the definition of "child" as
defined in 9 FAM 40.1 N2. The priority remains the same.
 
Last edited by a moderator:
So as u mentione ealrier tht fastest way for my sister is for my mom to file for her once she becomes LPR no other option.
 
How about after my mother comes in US gets her green card and wants to go back to India can she do that, and for how long can she stay out of country.
 
hgirly_30 said:
So as u mentione ealrier tht fastest way for my sister is for my mom to file for her once she becomes LPR no other option.
Click to expand...
Most probably your sister will be 21 year old when PD becomes current so that F2B is the category that your she will fall in. Will take 7 - 9 years and she needs to remain unmarried til getting GC.

You might want to look into Child Status Protection Act as she is in F2A(once your mother petitions her) now and will be converted to F2B. There might be some rule that helps her for aging out, but I know nothing about CSPA.
 
Last edited by a moderator:
TheRealCanadian said:
She needs to reside in the US. If she doesn't intend to live here, then she shouldn't get a GC.
Click to expand...

I am wondering if after the mother got her green card and filed the petition for her daughter (the little sister), can the mother go back to india to take care the little sister?
 
bestpal said:
I am wondering if after the mother got her green card and filed the petition for her daughter (the little sister), can the mother go back to india to take care the little sister?
Click to expand...

No, permanent residency implies residing in the US. If she spends a large amount of time in a foreign country where she has children, it is reasonable to infer that she has abandoned permanent residency.

Sponsoring parents doesn't work very well if they have minor/dependent children.
 
TheRealCanadian said:
No, permanent residency implies residing in the US. If she spends a large amount of time in a foreign country where she has children, it is reasonable to infer that she has abandoned permanent residency.

Sponsoring parents doesn't work very well if they have minor/dependent children.
Click to expand...

yeah..this just sucks. so a permanent resident can't even go back and take care the childen with an advance parole after the petition is filed?
 
You must log in or register to reply here.
Top