I-130 for dad and his two children

[Katia Sachko]

I-130 FOR DAD AND TWO CHILDREN

I am US citizen filling out I-130 for my dad. He has wife and two boys 14 years old . Should I file three separate I-130 for dad, and each minor brother, or they automatically come on his petition ? Or should I just file for a dad, and when he gets a green card he will apply for his wife and two kids . I have to bring them to US asap . thank you

[rayb]

Since your dad will have "immediate priority" status with an IR-5 visa, derivative visas for family members are not allowed. You could also submit I-130's for your siblings (his children), but the waiting period will be 10-20 years (depending on their country) for an eligible visa slot. After he arrives in the U.S., dad can immediately petition his wife and children for a shorter waiting period.

--Ray B

I-130 FOR DAD AND TWO CHILDREN

I am US citizen filling out I-130 for my dad. He has wife and two boys 14 years old . Should I file three separate I-130 for dad, and each minor brother, or they automatically come on his petition ? Or should I just file for a dad, and when he gets a green card he will apply for his wife and two kids . I have to bring them to US asap . thank you

[Katia Sachko]

Since your dad will have "immediate priority" status with an IR-5 visa, derivative visas for family members are not allowed. You could also submit I-130's for your siblings (his children), but the waiting period will be 10-20 years (depending on their country) for an eligible visa slot. After he arrives in the U.S., dad can immediately petition his wife and children for a shorter waiting period.

--Ray B

Thank you Ray, so you saying it's better and faster for my dad to apply as soon as he gets here to US and gets a green card ?
Thank you

[rayb]

Yes, and here's why:

1. You can petition your natural father. You can also petition your stepmother if the marriage took place before you turned 18.

2. You can petition your siblings, but the waiting period for their visa eligiblity will be between 12 and 23 years, depending on their country.

3. Your father can petition his unmarried children under 21 soon as he arrives, and waiting period will be between 13 and 24 months (depending on reachable Priority Date).

4. Your father can also petition his wife, your stepmother.

Your father does not have to wait for th arrival of his Green Card to petition, as that might take 1-4 months. His I-551 stamp and immigrant visa give him temporary Permanent status until his Green Card shows up.

--Ray B

Thank you Ray, so you saying it's better and faster for my dad to apply as soon as he gets here to US and gets a green card ?
Thank you