Son vs Sister option pros and cons

[Maxmu]

Hi,

I would like to know the best option when it comes to immigration with family. Can someone tell me the pros and cons of the two options below? Also if the best approach is really a combination of the two in some way.

1. My sister has filed an I-130 for me, petition date is June 2013.

2. My elder son who is 12 yrs of age now is a US citizen.

My priority is to ensure all my children are able to accompany me. Also, how would the timeline look for us. I mean given the current wait-list (I am from India) when can I expect to immigrate?

Thanks

[newacct]

Multiple people can petition you; their petitions do not conflict.

Your son cannot petition you until he turns 21, so about 8-9 years from now. Your process to immigrate will take about a year from that. Your son can also petition your spouse the same way. Your other children cannot immigrate with you as derivative beneficiaries under this route, because as the parent of a US citizen, you'll be in the Immediate Relative category which cannot have derivative beneficiaries. You would have to petition those other children separately as children of a permanent resident, and you can file that petition as soon as you enter the US (assuming they remain unmarried). If they are unmarried and under 21, would be in the F2A category, which may take 1-2 years.

The wait for the sibling (F4) category for someone born in India is current for priority dates of Dec 2004, so probably around 8.5 more years. If you go this route, your unmarried under-21 children can immigrate along with you as your derivative beneficiaries.

[Maxmu]

Thank you, this is helpful. A follow up question, since the timelines for the two paths are similar. If I reach US as a PR under the first option, would it have an impact on my F4 petition status? If my family gets called for consular interview by that time? Can I just come back and take them through the process and bring them with me?

Also is there a count restriction/annual limit under the F2A category?

[newacct]

Thank you, this is helpful. A follow up question, since the timelines for the two paths are similar. If I reach US as a PR under the first option, would it have an impact on my F4 petition status? If my family gets called for consular interview by that time? Can I just come back and take them through the process and bring them with me?

yes

Also is there a count restriction/annual limit under the F2A category?

yes. It's currently current, but in the past it's been up to 2 years