Derivative Beneficiary Aged out - what to say in DS 260?

[bokonon]

Hi - This is my current situation and question... Please help!

Situation:

My aunt (US Citizen) applied for my mother (aunt's sister) green card in 1998. My father, sister and I were listed as derivative beneficiaries. The visa number has now arrived, and we are in the process of submitting the form DS 260.

This is the current visa status for all parties involved:

Aunt: US Citizen is the Petitioner.
Mother (Indian Citizen) is the Primary Beneficiary
Father (Indian Citizen) is Secondary Beneficiary
Me - Green card holder through employment based process, and now residing in New York - will be the Joint Sponsor
Sister - Indian Citizen born in India, but already in US on an F-1 Student Visa as a first year MBA Student

My parents are still in India.

Question:

The question is for my sister, who was Aged out. She was 15 when my aunt filed the original application but is now 33.

In the future, my parents may apply for her Green Card, under a separate I-130. This is undecided since my sister is here already and could get a H-1B in the future. However, given that she is already here on a F-1 visa. We are confused as to how to answer a certain question in the DS -260 for my mother:

The questions ask for the following for my sister:

- Is the child immigrating to the US with you? It's clear that the answer here should be No

- Is this child immigrating to the US at a later date to join you? I believe the answer here should be NO too but I'm not sure. Would saying No here mean that my parents can't file an I-130 for my sister if they decided to?

[Tolugnld]

Your Sister

I'll try my best to answer your question, but please do not take it as legal advice.

I believe the answer to "Is the child immigrating to the US with you?" should be Yes, and this is my reason why. An F-1 visa is a non-immigrant visa because you're technically only supposed to be here temporarily and then return to your country of origin after your studies. Your sister is currently a non-immigrant in the US for her studies and the purpose of the paperwork you are filing is for her to become an immigrant.

[bokonon]

your response regarding my sister

I'll try my best to answer your question, but please do not take it as legal advice.

I believe the answer to "Is the child immigrating to the US with you?" should be Yes, and this is my reason why. An F-1 visa is a non-immigrant visa because you're technically only supposed to be here temporarily and then return to your country of origin after your studies. Your sister is currently a non-immigrant in the US for her studies and the purpose of the paperwork you are filing is for her to become an immigrant.

- Hi Tolugnld: Thanks for the response! Appreciate it. My confusion is coming from the fact that 1) We are undecided on whether my mother will apply for a green card for my sister in the future and 2) Whether stating Yes here would negatively impact her ability to get a H-1B visa once she graduates from her MBA - do you know or think this would have an impact on a future H-1B application?