I-130 for mother and sibling

[packerfan]

Hello,
I am a US citizen. I have a father, mother, brother whos 23 years old and a sister who is 19 years old - all live overseas and are not US citizens or LPR. I want to start a petition to bring my mother (immediate relative - no wait) over to the US which from what i read is not too complicated and would take 9 months to one year before she arrives to the US. Now, i realize that if i start an application for my sister (who is F4 to me), it may take 12 years before it all completed. Thats a looong time.

My question is, can I bring my mother over, and once she gets here (she would be a green card holder the moment she steps out of the plain, correct?) can she petition my sister (which would make her immediate relative in this case)? assuming it will take one year before my mother arrives to the US, my sister would be 20 years old at the time my mother applies to bring her over. Then my sister will come over withing a year of my mother's arrival.

Can we do this? or is this not allowed? Am i missing something?

Thanks

[rayb]

Yes, your mother can immediately petition her daughter, your sister, soon as your mother arrives and has the I-551 stamp in her passport. But the waiting time will be closer to 18 months, rather than a year.

--Ray B

Hello,
I am a US citizen. I have a father, mother, brother whos 23 years old and a sister who is 19 years old - all live overseas and are not US citizens or LPR. I want to start a petition to bring my mother (immediate relative - no wait) over to the US which from what i read is not too complicated and would take 9 months to one year before she arrives to the US. Now, i realize that if i start an application for my sister (who is F4 to me), it may take 12 years before it all completed. Thats a looong time.

My question is, can I bring my mother over, and once she gets here (she would be a green card holder the moment she steps out of the plain, correct?) can she petition my sister (which would make her immediate relative in this case)? assuming it will take one year before my mother arrives to the US, my sister would be 20 years old at the time my mother applies to bring her over. Then my sister will come over withing a year of my mother's arrival.

Can we do this? or is this not allowed? Am i missing something?

Thanks

[packerfan]

Thanks Ray - what if my sister turns 21 while she is waiting as my mother's application to petition her is pending? does it turn into F4? or is she "grandfathered" since she was under 21 at the time of application?

Thanks

[rayb]

The "aging out" issue enters the calculation once she turns 21, but the Child Status Protection Act (CSPA) has provisions for minimizing waiting period for aged-out children.

Go to the following IMMIHELP link for calculating CSPA formula:
/usa-immigrant-visa-process/cspa-calculator/

--Ray B

Thanks Ray - what if my sister turns 21 while she is waiting as my mother's application to petition her is pending? does it turn into F4? or is she "grandfathered" since she was under 21 at the time of application?

Thanks

[packerfan]

ok assuming priority date of 12/1/15 and approval date 5/1/16 and a visa bulletin date 3/2014, im getting CSPA age of 20 years and 9 months! cutting it close for comfort!

one last questions, if my mother also applies to petition my unmarried brother (currently 23 years old), how long would it take before he can get over to the US?

[rayb]

The time for your adult brother varies depending on which country. It can be between 7 and 20 years. What is his country?

--Ray B

ok assuming priority date of 12/1/15 and approval date 5/1/16 and a visa bulletin date 3/2014, im getting CSPA age of 20 years and 9 months! cutting it close for comfort!

one last questions, if my mother also applies to petition my unmarried brother (currently 23 years old), how long would it take before he can get over to the US?

[dhira_98]

I suggest you to file petition for all of your brothers and sisters as well. When your mother arrives in US, she can file another petition for her unmarried children.

[packerfan]

Iraq

The time for your adult brother varies depending on which country. It can be between 7 and 20 years. What is his country?

--Ray B

[rayb]

Currently, sibling petitions with Priority Dates of January 1, 2002, or earlier, are elgible for visa processing (12 years).

--Ray B

Iraq

[packerfan]

What if my mother petition him as well -- in that case he would be her adult child - the wait in this case would be 7 years ... correct?

Currently, sibling petitions with Priority Dates of January 1, 2002, or earlier, are elgible for visa processing (12 years).

--Ray B

[rayb]

Even the 7-year waiting period estimate may not be reliable, if Priority Dates are recalculated in the future.

--Ray B

What if my mother petition him as well -- in that case he would be her adult child - the wait in this case would be 7 years ... correct?

[packerfan]

Thanks a lot for your help!!