Need advice on how to file immigration papers for Sisters kids (12,9) for GreenCard

[texansfan76]

Hello forum members,
Can anyone please advice on what category should I start the application process for filing GreenCard for my sisters kids ( who are non-US citizens, living back in India).

Please advice on what paper work to get started with and which category is this application grouped under.


thanks
Sid

[inadmissible]

Did you father your sister's children? If so, you would petition for each child to immigrate using USCIS Form I-130

[scientist2016]

Hello forum members,
Can anyone please advice on what category should I start the application process for filing GreenCard for my sisters kids ( who are non-US citizens, living back in India).

Please advice on what paper work to get started with and which category is this application grouped under.


thanks
Sid

There is no category for sister's kids. You can file for them, only if you have legally adopted them, and they are minors. Even then there are some residency requirements, in the sense that they should have lived with you for x amount of time.

[newacct]

Hello forum members,
Can anyone please advice on what category should I start the application process for filing GreenCard for my sisters kids ( who are non-US citizens, living back in India).

Please advice on what paper work to get started with and which category is this application grouped under.


thanks
Sid

You can petition for your sister (with I-130), in the F4 category. The wait for visa numbers in the F4 category for someone born in India is more than 14 years. That means only that many years after your I-130 is filed does she qualify to go to the next step to immigrate. At the time she immigrates, her spouse at that time, as well as her children at that time who are under 21 and unmarried, can immigrate as her derivative beneficiaries. (There is a little bit of leeway on the "under 21" part depending on how long the I-130 was pending.) She has to actually immigrate for her derivative beneficiaries to be able to immigrate, but she can abandon residency afterwards and it won't affect the derivative beneficiaries who have already immigrated.

If her children have "aged out" and are unable to immigrate as her derivative beneficiaries, after she immigrates, she can petition them to immigrate in the F2B category (unmarried over-21 children of permanent residents), which has a wait for visa numbers of around 7 years. During this time, she would have to maintain residence in the US and her children cannot marry.