Green card holder parents sponsoring under 21 unmarried children

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forex_dealer

Registered Users (C)
Hello guys,
I have a question and need to validate the respond.I am a US citizen and plan to sponsor a Green Card for my parents. I have a brother and a sister that are under 21 and unmarried. Question is as follows: Can I include my brother and sister into my parent's application and will the immigrant visa be available for my brother and sister upon approval of my parent's application?
I actually think that it is not possible but I was just told that it is possible so I want to get some feedback from people with experience.
Thanks in advance for all input.
 
The USC petitioner can file for Immediate Relatives (IR's are a spouse, and unmarried child under 21, and parents).

IR I-130's are filed, one per person, nobody rides on an IR petition (unlike employment or family preference categories). IR's depend on consulate and USCIS workload for the wait but legally, visas are "immediately available". (Best guess 6 to 18 month wait?)

A USC petitioner can file for their siblings in the family 4th prefernce category, they are currently taking 9 to 10 years to get a visa (longer for Mexico and Phillipines).

The best way for you to go about it is dependent on a number of factors. You have not given enough detail for a specific and meaningful response but here are SOME possibilities. Consult a professional and present full details.

Can one parent come right away and the other stay behind with the younder kids?

Can both parents come right away and leave the younger kids either alone or with other family?

If one or both parents come right away, can at least one of them be ready and eligible for naruralization while the younger kids are still under 21 and unmarried so that the could petition for them as IR's perhaps 6 to 7 years from now? If the kids are over 21 by then, parent will file for F1, unmarried kids of USC or turn 21 and get reclassified as F1..... will that work? F1's wait 4 to 5 years. (Total wait 10 to 15 years from now as opposed to F4 wait of 9 to 10 years BUT a sibling can bring their spouse and unmarried children under 21.)

Could one or both parents come and apply for them in the F2A, unmarried children under 21, category (min, six month wait? workload volume and country of origin will effect the total time) or F2B, unmarried children 21 and up, category (min. 5 to 6 year wait?)?

Can you afford to file four seperate petitions and would you qualify to submit four affidavits of support? Co-sponsors are allowed for the affidavit---got any?

Let us know what you end up doing.

Thanks,
 
Thanks for response Big Joe,
I should have specified. One of the children is in the US,parents are also in the US,however, the other child is not in the US. I know that there should be separate I-130's for different people and I could technically sponsor my siblings but the wait time is long. I was trying to verify if I could include my siblings into my parents application but obviously,it is not possible.
Somebody told me that it could be done and I wanted to get some feedback and see if he was right.
 
It's not possible. When you sponsor a parent, their other children cannot be added as derivatives.

You would have to sponsor your parents first, then when they get their own GC they can sponsor their other children in the family 2A category. The child who is in the US will have to leave the US and do consular processing, unless he/she has an immigration status that would allow remaining in the US legally all the way until the priority date becomes current in F2A.
 
Thanks Jack,
that's what I thought. I was just hyped when I was told about this but knew that there was no way this could be done. I am not an expert in immigration issues but adding children as derivatives sounds very unreasonable to me. Thanks for validating this.
 
It would be wise for you to sponsor as well; they can have 2 petitions in parallel so that if something happens to your parents before they receive GC, they are already in the queue.
 
I asked the same question to a lawyer and he told me the best and fastest way is to apply for parents only then they can sponsor their children when they receive their GC
 
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