Parents wish to take minor child with them to USA

I

immi_info_06

Registered Users (C)
Hello freinds,

My parents are the beneficiary of an immigrant visa petition filed by me (U.S. citizen son). Parents wish to take their minor child (my sister) with them to the U.S.

My parents file are processing by NVC now. NVC are in the process of transferring petition to Mumbai consulate, India.

Will my minor sister able to come to usa with my parents based on my parents petition?

your opinion will be greatly appreciatecd.
 
TheRealCanadian said:
My understanding is that Immediate Relatives (your parents) cannot bring dependents with them on a derivative petition. You'll need to file an FB4 petition for your sister.
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It'd be quicker for the parents to petition for their minor child once they get their LPR - the child would fall under category F2A at that point.
 
I don't think the parents will leave the minor child behind for 5+ years. They'll have to make some tough choices.
 
Well.. This may be Illegal. But if the child is young enough. Could the child now first come a tourist visa and stay with the brother and then the parents come after a few months. Wait until the parents become citizens(will the child still be a minor at that point?) and then they can petition for the child. The child would be here illegally for 5 years, but being young it doesn't matter( in the sense that she/he doesn't have to work). I'm not advocating any illegal activity here, but it's just a thought if you're desperate enough...
 
Xenfinity said:
Could the child now first come a tourist visa and stay with the brother and then the parents come after a few months. Wait until the parents become citizens(will the child still be a minor at that point?) and then they can petition for the child. The child would be here illegally for 5 years, but being young it doesn't matter
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The danger with such a "solution" is if Congress decides to do away with the exemption that allows immediate relatives to adjust status even when facing the re-entry bars. In such a circumstance, the child would be unable to become a Permanent Resident (or get any legal status) until he or she departs from the US for 10 years.
 
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