GC processing for parent of USC with under 21 children

network22

Registered Users (C)
Hi,

An USC would like to apply GC for parents. The parents have under 21 children (14, 16 years). Will the under 21 children of parents (which basically means the USC's under 21 brother and sister) able accompany the parents when their GC is processed?

We understand an USC can directly apply for brother and sister over 21 (which generally is a long waiting queue). Here the brother and sister is under 21.
The waiting time for parents GC processing is much shorter 1-2 years by then the underage brother and sister is still under 21. Will the underage brother and sister get the GC with the parents as long as their age does not exceed 21.??

Thanks
network22
 
The correct answer is no. Immediate relatives do not have derivative benefits.

wow...has the law changed rencently on this??...i must have been very uninformed in the past. I thought that sponsoring parents, when they become GC holders their children can also immigrate with them.
Sorry if i caused confusion...but i see it...if a USC is ABLE to apply for a relative he/she needs separate applications for each. Derivative status comes when USC cannot directly apply for that person but is an immidiate relative of the person being sponsored.

Kind of unfair for the children of sponsored parents though. What parent would leave his child behind?...doesn't this seem particularly wrong for children of sponsored parents?

Here we go again with the hypocrisy of "family values".
 
Well USCIS can argue saying they have no quota for parents of US citizens.
What if parents of US citizens were backlogged by 4-6 years like other categories? I am not defending USCIS, just palying devil's advocate.

Kind of unfair for the children of sponsored parents though.
 
Kind of unfair for the children of sponsored parents though. What parent would leave his child behind?...doesn't this seem particularly wrong for children of sponsored parents?

It is assumed that aliens with a US citizen child who is sponsoring them will have few or no minor children. The vast majority of them do not have minor children.
 
Same question I asked earlier.

The answer is/was : NO

However, if you apply for your mother and she get GC and come to US and then if she apply for his son/daughet who is under 21 minor. They don't have to wait, they can get direct visa number. little extra time.

My one question is: if USC apply for his/her sibling which is under process I 130. Mean while mother comes to usa and the she repply what will happend?

is it cancel both or whicever get approved first!!
 
However, if you apply for your mother and she get GC and come to US and then if she apply for his son/daughet who is under 21 minor. They don't have to wait, they can get direct visa number. little extra time.

Minor children of GC holders are subject to the annual quota. Where do you get the idea that they are not?

My one question is: if USC apply for his/her sibling which is under process I 130. Mean while mother comes to usa and the she repply what will happend? is it cancel both or whicever get approved first!!

Why would both be canceled? It's perfectly legal to be sponsored by multiple individuals. And it doesn't matter which one is approved first - it's which one's PD becomes current first, assuming both are approved.
 
I may be wrong, I got impression from following link:

This link: last paragraph

http://www.uscis.gov/portal/site/us...nnel=2f719c7755cb9010VgnVCM10000045f3d6a1____

-----------says-------
Following-to-Join Benefits
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.
If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

You immigrated on the basis of a fiancé(e) petition
You immigrated on the basis of a diversity immigrant application
You immigrated on the basis of an employment-based petition
You immigrated on the basis of a petition filed by your brother or sister
You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age
You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried


Also, for your child to be eligible for following-to-join benefits, he or she must:

Be unmarried and
Be under 21 years of age and
Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.


For information on following-to-join benefits for spouses of lawful permanent residents, please see Petitioning Procedures: Bringing a Spouse to Live in the United States.



If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for your immigrant status
A copy of the I-797 Notice of Action for your original application or petition
A copy of your alien registration receipt card or I-551
Proof that the child meets the appropriate criteria for Following-to-Join Benefits


You should file the I-824 at the USCIS office that took the most recent action on your case.



If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas.



You must then ask your children to report to the local U.S. consulate to complete the processing.
 
It is assumed that aliens with a US citizen child who is sponsoring them will have few or no minor children. The vast majority of them do not have minor children.

Pretty dumb assumption then by the USCIS.
I have two sisters 11 years apart from me. If I was 21 and wanted to bring my parents here, the 10 year olds would just be stuck without parents, or I would be the one without my parents.
Again...gotta love those "family values".
 
Pretty dumb assumption then by the USCIS.

No one ever said that the assumption was valid in all cases.

I have two sisters 11 years apart from me. If I was 21 and wanted to bring my parents here, the 10 year olds would just be stuck without parents, or I would be the one without my parents. Again...gotta love those "family values".

I don't see why you're complaining about "family values" when you chose to leave your parents for an extended period of time in the US prior to sponsoring them. ;)
 
did you happen to pay attention to the parts highlighted in red?

I may be wrong, I got impression from following link:

This link: last paragraph

http://www.uscis.gov/portal/site/us...nnel=2f719c7755cb9010VgnVCM10000045f3d6a1____

-----------says-------
Following-to-Join Benefits
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.
If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

You immigrated on the basis of a fiancé(e) petition
You immigrated on the basis of a diversity immigrant application
You immigrated on the basis of an employment-based petition
You immigrated on the basis of a petition filed by your brother or sister
You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age
You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Does it list a parent petitioned by a USC child anywhere on list above?
 
Excellent observation!!!

You and Real Canadian need to start using your brains...There are thousands of USC's living abroad that come here when they turn 21, or at 18 when they go to college, and they want to bring their families here as well. Going to college has nothing to do with breaking up a family. But stupid rules like this one from the USCIS does BREAK UP a family.
I think this is unfair and my assertion that this reflects the hipocrasy and stupidity of the "family values" label of this administration is valid.
 
You and Real Canadian need to start using your brains...There are thousands of USC's living abroad that come here when they turn 21, or at 18 when they go to college, and they want to bring their families here as well.

Use your brain. If they are 18, 19 or 20 they cannot sponsor their parents. Even at 21 or above, I am very interested to know how a college student can meet the income requirements for the affadavit of sponsorship.
 
Use your brain. If they are 18, 19 or 20 they cannot sponsor their parents. Even at 21 or above, I am very interested to know how a college student can meet the income requirements for the affadavit of sponsorship.

You keep embarrsing yourself here. At 18 they come to college, and at 21 they want to bring their parents. That does NOT make them "family values" hypocrats like this gov.
And...Affidavits can have other sponsors/co-signers. You know this...whats wrong with you.
 
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