US Citizen sponsoring parents and sister under 21...will sister's I-130 be approved?

[w0lf]

I am a US citizen and I submitted I130s to sponsor my parents and sister, who is under 21 and unmarried. I was under the impression that dependents of the primary applicants also get approved at the same time as the primary applicant. I guess that does not apply to direct relatives. My parents' I130s have been approved and I am now at the stage where I have to send in the visa processing fees. My sister's I130 has not been approved, yet.

I called the USCIS customer service and they told me that it would be upto the consulate (in Pakistan) to decide whether to approve my sister's I130 with my parents and that there is no guarantee that they would approve it then. I told them that, since my sister is under 21 and dependent upon my parents, they cannot leave her behind when they come here. Since it has not been approved, I am assuming it has been placed in the brother/sister category, which is around 5 years behind, I think.

I would like to know if my sister's I130 will be approved and she will be able to come with my parents or not? If not, what would be the best course of action? Should I withdraw my I130 and let my parents apply for her once they get green cards? I have a brother who is over 21 for whom I did not apply because I knew it would take a long time. So, would it be better if my parents applied for both of them together after getting their own green cards? Thank you.

 

[Anahit]

I called the USCIS customer service and they told me that it would be upto the consulate (in Pakistan) to decide whether to approve my sister's I130 with my parents and that there is no guarantee that they would approve it then. I told them that, since my sister is under 21 and dependent upon my parents, they cannot leave her behind when they come here. Since it has not been approved, I am assuming it has been placed in the brother/sister category, which is around 5 years behind, I think.

The consulate can't do anything about it! Your sister is under family 4th category (there is no other category for US citizen's brothers/sisters). The current date for that category is 22OCT95, so it's 11+ years behind, not 5 years (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3046.html).

I would like to know if my sister's I130 will be approved and she will be able to come with my parents or not? If not, what would be the best course of action?

Unfortunately, she won't be able to come with your parents.
Your parents can come here and file a petition for her. That would put her in a preference category 2A, which has a current processing date of 01SEP01 (5 years waiting).

Should I withdraw my I130 and let my parents apply for her once they get green cards? I have a brother who is over 21 for whom I did not apply because I knew it would take a long time. So, would it be better if my parents applied for both of them together after getting their own green cards?

You might want to keep your petition until her case is resolved.
There is no difference: your brother and sister both would have the same preference category if you petition them.
There is, however a difference if your parents petition for their children. Like I said, your sister would be in family 2A category with a current date of - 01SEP01, and your brother would be in family 2B category with a current date of - 2B 01FEB97.