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Pettition my mom and my sister

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  • Pettition my mom and my sister

    Hi i am green card holder and i just applied for my citenzenship and still waiting for updates in uscis. I need help on how can i petition my mom and my sister. I heard i can petition my mom using i-130 form and how can i get my sister with my mom? My sister and Me dont have the same father and her father is not with her anymore. She is with my mom. We dont have the same last name but we have the same middlename and mom.

    Question- How can i include my sister when i petition my mom? Do i need to make seperate form? please help me.

  • #2
    First, you need to wait until you become a US citizen (i.e. take the oath) before you can petition your mother or sister. Second, your mother is in the Immediate Relative category which cannot have derivative beneficiaries. Your sister needs to be petitioned separately, by you and/or by your mom after she immigrates.

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

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    • #3
      Originally posted by newacct View Post
      First, you need to wait until you become a US citizen (i.e. take the oath) before you can petition your mother or sister. Second, your mother is in the Immediate Relative category which cannot have derivative beneficiaries. Your sister needs to be petitioned separately, by you and/or by your mom after she immigrates.
      What form do i need to petition my sister seperately?
      I dont think we can petition my mom firsts because no one can take care of my sister. If like you said i can apply for both of them but seperately what form do i need?

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      • #4
        Your petition for your mother will be in the Immediate Relative category, which has no wait for visa numbers, and it will take her at least a year to get the immigrant visa. Your petition for your sister will be in the F4 category, which currently has a 15-year wait for visa numbers (or even longer for people born in India, Mexico, or the Philippines). Your mother's petition for your sister after your mother immigrates will be in the F2A category if your sister is unmarried and under 21, or the F2B category if your sister is unmarried and 21 or over. F2A has no wait for visa numbers, and it will take at least a year from the I-130 filing (which must be after your mother enters the US) until your sister can get the immigrant visa. F2B currently has a 6.5 year wait for visa numbers (longer for people born in Mexico or the Philippines).

        So they will not be able to immigrate at the same time. The fastest way is if your mother immigrates first, and then immediately after she enters, she petitions your sister. Assuming your sister is unmarried and under 21 at that time, she should be able to immigrate in another year or so. (You can independently petition your sister as a backup if you wish.) During that year or so after your mother immigrates and before your sister can immigrate, perhaps your mother can get a Re-entry Permit and go back abroad to be with your sister during this time. The Re-entry Permit helps to establish that your mother does not intend to abandon residence (though your mother still needs to maintain a home in the US, file taxes, etc. to bolster her case that she did not abandon residence).

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

        Comment


        • #5
          Originally posted by newacct View Post
          Your petition for your mother will be in the Immediate Relative category, which has no wait for visa numbers, and it will take her at least a year to get the immigrant visa. Your petition for your sister will be in the F4 category, which currently has a 15-year wait for visa numbers (or even longer for people born in India, Mexico, or the Philippines). Your mother's petition for your sister after your mother immigrates will be in the F2A category if your sister is unmarried and under 21, or the F2B category if your sister is unmarried and 21 or over. F2A has no wait for visa numbers, and it will take at least a year from the I-130 filing (which must be after your mother enters the US) until your sister can get the immigrant visa. F2B currently has a 6.5 year wait for visa numbers (longer for people born in Mexico or the Philippines).

          So they will not be able to immigrate at the same time. The fastest way is if your mother immigrates first, and then immediately after she enters, she petitions your sister. Assuming your sister is unmarried and under 21 at that time, she should be able to immigrate in another year or so. (You can independently petition your sister as a backup if you wish.) During that year or so after your mother immigrates and before your sister can immigrate, perhaps your mother can get a Re-entry Permit and go back abroad to be with your sister during this time. The Re-entry Permit helps to establish that your mother does not intend to abandon residence (though your mother still needs to maintain a home in the US, file taxes, etc. to bolster her case that she did not abandon residence).
          Do you think if i get a lawyer they can do something about it like bringing them together?

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          • #6
            up

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            • #7
              Originally posted by nicolavs10 View Post

              Do you think if i get a lawyer they can do something about it like bringing them together?
              no

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

              Comment

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