Sponsor a family member that is already inside the U.S

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serifblack

Registered Users (C)
I'm getting my citizenship in a week and will be sponsoring my sister who is under 21 and carrying an F-1 visa in the U.S. My widowed mother is currently staying in Vietnam and will be be sponsored by me soon. Three questions:

1.Should I apply for an I-485 for my sister or should I sponsor my Mom first and let her sponsor my sister using form I-130?
2. Which way will be faster for my sister to apply for adjustment of status?
3. For I-130, does the "under 21 " age limit apply once the petition is already submitted?

Thank you in advance for your help !
 
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serifblack said:
1.Should I apply for an I-485 for my sister or should I sponsor my Mom first and let her sponsor my sister using form I-130?
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Your sister cannot file an I-485 based on your I-130 for many years.

2. Which way will be faster for my sister to apply for adjustment of status?
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Probably via your mother. She needs to ensure she remains in valid status, and does not marry before your mother becomes a citizen.

3. For I-130, does the "under 21 " age limit apply once the petition is already submitted?
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Since your sister will not be a derivative beneficiary, but instead the direct beneficiary of an I-130, nothing special occurs when she turns 21, unless your mother becomes a citizen prior to that date.
 
Thank you TheReal Canadian, I visited the USCIS website and they listed the following:
As a US citizen of 21 or older you can petition for your siblings. Forms to filed are below:

Form I-130, Petition for Alien Relative
Form I-864, Affidavit of Support
Form I-485, Application to Register Permanent Residence or Adjust Status

So , I can petition for my sister if I fill out I-30, I-864, I-485 forms. The question is how to find out which path way is the quickest way .
 
The Real Canadian, You are correct. I checked the Visa bulletin and saw this :
Family All Chargeability CHINA INDIA MEXICO PHILIPPINES
4th 15JUN99 15JUN99 15JUN99 08NOV95 15JAN87

So does that mean I have to wait untill the bulletin date and year are October 2009 ?
 
serifblack said:
So does that mean I have to wait untill the bulletin date and year are October 2009 ?
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You don't have to wait to file her I-130 (and you shouldn't wait for that, because you need to establish a priority date as early as possible), but the I-130 gives her no legal status* and a wait of more than 10 years is required in order for her to become eligible to file the I-485 based on an I-130 filed by you.


*the I-130 can even destroy her F-1 status once she leaves the US and attempts to reenter
 
Jackolantern said:
You don't have to wait to file her I-130 (and you shouldn't wait for that, because you need to establish a priority date as early as possible), but the I-130 gives her no legal status* and a wait of more than 10 years is required in order for her to become eligible to file the I-485 based on an I-130 filed by you.


*the I-130 can even destroy her F-1 status once she leaves the US and attempts to reenter
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Thank you for clarifying the facts. When I look at the visa bulletin, the number of available visa number for Family Second Preference (F2) allocated to unmarried sons and daughters was only about 26,000 visa while there was about 65,000 visa for Family Fourth Preference (F4) .
Would that mean that it will take longer for my sister to apply for an adjustment of status once my mother sponsor her?
 
It's better for you to sponsor her and then for mother to file an application too. In case something happen to your mom (knock on wood of course!) she'll still have your application. More money, yes, but safer. But it's just IMO.
 
serifblack said:
Thank you for clarifying the facts. When I look at the visa bulletin, the number of available visa number for Family Second Preference (F2) allocated to unmarried sons and daughters was only about 26,000 visa while there was about 65,000 visa for Family Fourth Preference (F4) .
Would that mean that it will take longer for my sister to apply for an adjustment of status once my mother sponsor her?
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No. F4 takes much longer. Don't just look at the quotas, look at the dates on the visa bulletin. There are many more applicants for F4, as F4 allows the spouse and children to join the primary individual, whereas F2B only allows the unmarried son or daughter by him/herself. And many children of permanent residents are young enough for F2A (which allows children under 21).
 
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Jackolantern, you saved my sister a couple of years waiting .:)
Will the USCIS cancel one of the petition if both my mother and I turn in the application for my sister ?
Also, I don't think my sister is qualified for F2A since it will take my mother at least 5 years to be come a citizen. By that time, my sister will be over 21. Please correct me if I'm wrong
 
serifblack said:
Will the USCIS cancel one of the petition if both my mother and I turn in the application for my sister ?
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No.

Also, I don't think my sister is qualified for F2A since it will take my mother at least 5 years to be come a citizen. By that time, my sister will be over 21. Please correct me if I'm wrong
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She'll fall into F2B when she turns 21, then will go to F1 when your mother naturalizes.
 
serifblack said:
Also, I don't think my sister is qualified for F2A since it will take my mother at least 5 years to be come a citizen.
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Children of citizens aren't sponsored in F2A. Children (under 21) of permanent residents are sponsored in F2A, and she will initially qualify in F2A if she is still under 21 when your mother gets a green card. Although she will eventually get too old to stay in F2A.
 
jackolantern and the real Canadian, Thank you for your help with my question , but your points seems to contradict each other. is there a specific line from the USCIS website from which I can read more about the F2A, F2B rules?
 
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