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i-130 for parents on J-1 & J-2

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  • i-130 for parents on J-1 & J-2

    I am on J-1, my wife and younger son (15 years) are on J-2 as dependents. There is no restriction on our J visas.
    My elder son (25 years) is US citizen, if he files I-130 for parents in immediate relative category and both parents file I-485 concurrently, can my younger son be included in the process as dependent? If so, then how to proceed?
    We all are in US.
    Any help will be greatly appreciated.
    Thanks

  • #2
    When you file for I-485, all eligible children need to be listed on the application.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Originally posted by iqbal_58 View Post
      I am on J-1, my wife and younger son (15 years) are on J-2 as dependents. There is no restriction on our J visas.
      My elder son (25 years) is US citizen, if he files I-130 for parents in immediate relative category and both parents file I-485 concurrently, can my younger son be included in the process as dependent? If so, then how to proceed?
      We all are in US.
      Any help will be greatly appreciated.
      Thanks
      No. Parents of US citizens are in the Immediate Relative category, which cannot have derivative beneficiaries.

      As soon as either you or your wife get a green card, you or your wife can petition the younger son to immigrate as the child of a permanent resident. Unmarried under-21 children of permanent residents are in the F2A category, which is current right now. The younger son might have to do Consular Processing abroad, as you will lose J1 status as soon as you get your green card (if you didn't already lose it while I-485 was pending), and he will lose J2 status as soon as you lose J1, and he cannot do AOS in this category if he is out of status.

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

      Comment


      • #4
        Thanks for the response, can we adopt following:
        My elder son (US Citizen) sponsor only my wife while I remain on J1 and my younger son on J2. tWhen my wife receives her green card, she petition the younger son as the child of a permanent resident. During the whole process, will my younger son be able to remain in US?
        Thanks

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