I-130 for father and his monor children???

[adoolabi]

Hello,
I was wondering if someone can give me a good advice on this. I (US Citizen) filed a petition for father who is in Iran and lives with his newly assigned kids under his custody. My father did not have any minor children when I filled out the i-130, but while I was waiting for the approval of his green card, my brother passed away about 2 months ago and his two minor kids 5, and 6 survived. The court gave custody and gaurdianship to my father, since the kids have nobody else to care for them. Their mother is unfit.
Then, a letter from National visa center arrived to pay a fee bill of $400 for my father's application. The letter read "if you did not recieve a fee bill for a child that was originally listed on the approved immigration visa petition filed with USIS, then NVC has made a preliminary determination that the child is not eligible to accompany or join the applicant in immigration to US by virtue of the age of the child exceeding 21. If you have made your own analysis of the possible application of the CSPA to the child's situation that differs from preliminary determination by NVC, please write to NVC ..."
1. Could one list minor children of an applicant on i-130 when filing, and will US immigration give green card or visa (let the children accompany the applicant to US)?? If yes- should I refile?
2. What should I do? should I continue with the process and get green card for my father (without listing the children) and then later after he gets his green card, let him spend days and months and years to try to bring his minors to US (apply for green card)?
3. Will number 1 if possible be faster than number 2.
I appreciate input.
Doolabi

 

[TheRealCanadian]

1. Could one list minor children of an applicant on i-130 when filing, and will US immigration give green card or visa (let the children accompany the applicant to US)?? If yes- should I refile?

There is no derivative category for Immediate Relatives. Each minor child needs his or her own I-130, and you cannot sponsor them. Your father needs to file an FB2 petition for them once he becomes a permanent resident. It will take several years.

 

[adoolabi]

There is no derivative category for Immediate Relatives. Each minor child needs his or her own I-130, and you cannot sponsor them. Your father needs to file an FB2 petition for them once he becomes a permanent resident. It will take several years.

thanks for the note, there is a section on I-130 that you we list all husband/wife and children of our relative. I think they look at that section to see if a child under 18 is eligible to accompany the applicant, not sure.
thanks again.

 

[raevsky]

Form I-130 is used for both immediate relatives categories and family preferences categories. Even though the sense of the categories is very much different, the form is the same.

The data for dependents of the beneficiary in I-130 is not used in case of immediate relatives categories for purposes other than recording. But it is used in family preferences categories

I can even tell you why the same form is used. Because unmarried child under 21 of a US citizen qualifies for both family preferences F1 and for immediate relative category (minor child of a US citizen). Sop that at the moment of filing he does not need to decide which category to use. He could decide later.

 

[TheRealCanadian]

thanks for the note, there is a section on I-130 that you we list all husband/wife and children of our relative. I think they look at that section to see if a child under 18 is eligible to accompany the applicant, not sure.

To add to what ravesky says, they may look at that section, but the law says that children under 18 are not eligible to accompany Immediate Relatives based on a parent's I-130 alone. They need their own I-130.