Green card petition for mother and sister

[fortunateizzi]

I am a naturalized US citizen. I want to petition for green cards for my mother and sister. From what I understand, I would need to fill out an application for my mother first, and then once she gets a spot in line, my sister could apply, since she's under 21 and unmarried. However, I don't understand how we would apply for my sister at that point. Would my mom need to do it, since she'd be applying under her, or would I? Would I fill out another I-130, or would it be a different process? Thanks!

[newacct]

I am a naturalized US citizen. I want to petition for green cards for my mother and sister. From what I understand, I would need to fill out an application for my mother first, and then once she gets a spot in line, my sister could apply, since she's under 21 and unmarried. However, I don't understand how we would apply for my sister at that point. Would my mom need to do it, since she'd be applying under her, or would I? Would I fill out another I-130, or would it be a different process? Thanks!

First, you could petition your sister in addition to petitioning your mother and having your mother petition her (multiple people can petition the same person; they do not conflict), just in case, but the way through your mother would be much, much faster. (Sibling of citizen is in the F4 category, which has a wait of 13.5 years (much longer for people born in Mexico or the Philippines), whereas an under-21 unmarried child of a permanent resident is in the F2A category, which has a wait of about 2 years.

So your mother would immigrate, and immediately after your mother enters the US with her immigrant visa, she can file an I-130 petition for her daughter.

Depending on how old exactly your sister is and how long the petition takes to approve, there might be a risk of her aging out into the F2B category, which has a wait of around 7 years.

[fortunateizzi]

First, you could petition your sister in addition to petitioning your mother and having your mother petition her (multiple people can petition the same person; they do not conflict), just in case, but the way through your mother would be much, much faster. (Sibling of citizen is in the F4 category, which has a wait of 13.5 years (much longer for people born in Mexico or the Philippines), whereas an under-21 unmarried child of a permanent resident is in the F2A category, which has a wait of about 2 years.

So your mother would immigrate, and immediately after your mother enters the US with her immigrant visa, she can file an I-130 petition for her daughter.

Depending on how old exactly your sister is and how long the petition takes to approve, there might be a risk of her aging out into the F2B category, which has a wait of around 7 years.

Thank you for your response. Aging out is what we were worried about.. she is 19 right now. So even if she applies while she's under 21, if she doesn't get approved by the time she's 21, she gets moved into another category? Sigh.

Also, would my mother have to actually immigrate to the US once she gets the visa? Because she will not leave her daughter behind, especially not for 2 or more years.

[newacct]

Thank you for your response. Aging out is what we were worried about.. she is 19 right now. So even if she applies while she's under 21, if she doesn't get approved by the time she's 21, she gets moved into another category? Sigh.

It's complicated. Under CSPA, the amount of time the petition is pending is subtracted from her age. So for example, if the petition takes 6 months to approve, then she doesn't age out until 21.5. The longer the petition takes to approve, the better for her.

But remember it will take maybe a year for your mother to immigrate before your mother can petition your sister, so by then your sister will be 20 and it is likely she will age out.

Also, would my mother have to actually immigrate to the US once she gets the visa? Because she will not leave her daughter behind, especially not for 2 or more years.

Well US permanent residents have to maintain residence in the US. Your mother can take brief trips abroad, but she has to act like she lives in the US. Your mother can apply for a re-entry permit that will allow her to stay out for as long as 2 years, but even that might not be enough if your sister ages out.