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Need suggestions regarding family based green card.

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  • Need suggestions regarding family based green card.

    Hello Guys,
    I am very new to this forum and this is my first post here. I recently did my N-400 Interview and the USCIS website says that the application has been approved. I am waiting for my Oath ceremony letter. My parents are in a foreign country (Nepal) and my baby sister who will turn 21 on 10/31 and is unmarried is here with me in F1 visa. My mom has a tourist visa.
    Now, here is the question, As my little sister is still unmarried and under 21 until 10/31 what would be the quickest course of action to help her get her green card ? should I file for her or should I sponsor my parents first and let them file for her? The timing of this all is very pressing as I still don't have my Oath ceremony letter yet and I fear that by the time I get my certification of naturalization she will be over 21 years old.

    Also, Do I have to wait for the Certification of Naturalization to petition for a parent? or I can do that right after the Oath ceremony?

    Thank you
    10/20/2018

  • #2
    Originally posted by jbhattarai View Post
    Hello Guys,
    I am very new to this forum and this is my first post here. I recently did my N-400 Interview and the USCIS website says that the application has been approved. I am waiting for my Oath ceremony letter. My parents are in a foreign country (Nepal) and my baby sister who will turn 21 on 10/31 and is unmarried is here with me in F1 visa. My mom has a tourist visa.
    Now, here is the question, As my little sister is still unmarried and under 21 until 10/31 what would be the quickest course of action to help her get her green card ? should I file for her or should I sponsor my parents first and let them file for her? The timing of this all is very pressing as I still don't have my Oath ceremony letter yet and I fear that by the time I get my certification of naturalization she will be over 21 years old.

    Also, Do I have to wait for the Certification of Naturalization to petition for a parent? or I can do that right after the Oath ceremony?

    Thank you
    10/20/2018
    You can petition your sister; it will be in the F4 category, which has a wait for visa numbers of 13.5 years.

    You can petition your parents, and when they immigrate in a year or so, as soon as they enter the US with their immigrant visas, one of them can petition your sister as the unmarried over-21 child of a permanent resident, in the F2B category, which has a wait for visa numbers of around 7 years.

    Note that even if you become a citizen before your sister turns 21, and you petition your parents immediately, by the time your parents can immigrate, your sister will be over 21. And even if (impossible given your timeline, but even if) your parents were to get their immigrant visas and enter the US before your sister turns 21, and they are able to petition her in the F2A category, if she turns 21 during that 2-year wait for visa numbers, she will still age out into F2B (though the exact age that she would age out in that case is complicated by the CSPA calculation). The point is, your parent's petition for your sister will be in F2B no matter what, if she is within one or two years of turning 21.

    This is my personal opinion and is not to be construed as legal advice.

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