Applying for married sister who has a kid under 21

[stripedbass]

I'm a naturalized U.S. citizen. I would like to apply for a Green Card for my sister who is married and has a young kid.

Do you know what immigration form I need to start the process?

I'm very nervous because of the Republican attack on "chain migration." I think I better apply for my sister as soon as possible before the law changes.

Any assistance will be highly appreciated.

Thanks!

[stripedbass]

After googling like crazy and calling USCIS, I was surprised to find out that I simply need an I-130! For some reason I thought the form would be different because my sister is married.

I'm really worried that the law might change before I can get the process started.

I already printed out the I-130 from the USCIS website.

[newacct]

Married or not doesn't matter for the sibling (F4) category. Note that the wait for visa numbers in the F4 category is currently 13.5 years for people born in most countries (longer for people born in India, Mexico, or the Philippines). The child may or may not age out depending on what age they are, how long the wait is, and how long the petition takes to approve.

[S_R_E]

After googling like crazy and calling USCIS, I was surprised to find out that I simply need an I-130! For some reason I thought the form would be different because my sister is married.

I'm really worried that the law might change before I can get the process started.

I already printed out the I-130 from the USCIS website.

You need an approved I-130 before you can file and I-485.

Here are a couple of links that you may find useful

https://www.uscis.gov/greencard

https://www.uscis.gov/greencard/eligibility-categories

[newacct]

You need an approved I-130 before you can file and I-485.

Here are a couple of links that you may find useful

https://www.uscis.gov/greencard

https://www.uscis.gov/greencard/eligibility-categories

Not true. You can file I-485 if a visa number is available for your category and priority date, regardless of whether I-130 is approved or not; and if a visa number is not available, you cannot file I-485.

But I-485 is for AOS which is for people who are applying from the US, and it is not relevant to the OP as it is highly unlikely the OP's sister will be in the US and in status 13+ years from now.

[stripedbass]

newacct,

Thank you for your post!

My niece is 7 years old. So do you think by the time her petition is approved she'll be older than 21? If so, what happens?

Married or not doesn't matter for the sibling (F4) category. Note that the wait for visa numbers in the F4 category is currently 13.5 years for people born in most countries (longer for people born in India, Mexico, or the Philippines). The child may or may not age out depending on what age they are, how long the wait is, and how long the petition takes to approve.

[scientist2016]

newacct,

Thank you for your post!

My niece is 7 years old. So do you think by the time her petition is approved she'll be older than 21? If so, what happens?

Google CSPA. Essentially, it tries to preserve the child status for as long as the application has been pending. For instance, say you file the I130 in 2018 January, and it is accepted in 2020 January. Then the child would be considered to be under 21 until she is 21 +2 (=2020-2018, the time your I130 was pending before approval) years of age. If y the time your sister's priority date becomes current, the child has aged out even after taking into account CSPA, she is out of luck.

[stripedbass]

scientist2016,

I just got home and found your post which was very helpful! I really appreciated it.

Basically, I need to get this I-130 for my sister filled out as soon as possible.

But I also need to google CSPA. However, before I did this I wanted to thank you.

Google CSPA. Essentially, it tries to preserve the child status for as long as the application has been pending. For instance, say you file the I130 in 2018 January, and it is accepted in 2020 January. Then the child would be considered to be under 21 until she is 21 +2 (=2020-2018, the time your I130 was pending before approval) years of age. If y the time your sister's priority date becomes current, the child has aged out even after taking into account CSPA, she is out of luck.

[angel1234]

scientist2016,

I just got home and found your post which was very helpful! I really appreciated it.

Basically, I need to get this I-130 for my sister filled out as soon as possible.

But I also need to google CSPA. However, before I did this I wanted to thank you.

Is your sister under India category? What will happen to pending applications if "chain migration" bill is passed? I am also thinking to apply for my brother in India but worried due to all the hype around it.