I-130 for sisters and kids less than 21

[mikyy786]

Hi ,So I have a few questions to clarify and uscis website is not explicit on this information.

Me as US citizen applying for married sister with kids for green card.

Q1) I have heard if your sister kids are less than 21, the time when I-130 is approved (which if I am not wrong is ~2 years) and if the kids are still less than 21 at approval date of her I-130, they can accompany my sister when her turn comes in line after 13-14 years or whatever time absed on priority date. Am i correct , its the date of approval of I-130 based on which determines for kids under 21 to accompany them or not for green card ?

Q2) If their kid is over 21 and not married yet when I-130 is approved for my sister, then they will fall into 'follow-to join' benefits and how much wait time would that be? and Does my sister need to be in US or she can launch the application from abroad given she has green card now trying for her kid over 21? or atleast come is US, launch application and go back and forth to stay with her family?

Thanks and if some Experts can provide answers appreciated as the above is hard to find.

Yasir

[newacct]

1. No. It's the kid's age at the time a visa number becomes available (which in this category is at least 16+ years after I-130 filing) that matters. But under CSPA, the length of time the at the I-130 was pending (i.e. from I-130 filing until I-130 approval) is subtracted from the kid's age. So the slower the I-130 processing, the better for the kids. For example, if the I-130 is approved one month after filing, then the kids would have to be under age 21 and 1 month at the time a visa number becomes available, in order to not age out. On the other hand, if the I-130 took 10 years to approve, then the kids just have to be under age 31 at the time a visa number becomes available to not age out.
2. If the kid has aged out (at the time a visa number becomes available, based on the CSPA calculation), then they cannot immigrate as a derivative beneficiary. That is not "follow-to-join" because "follow-to-join" refers to a derivative beneficiary. Their parent, once they immigrate, will have to file a new I-130 petition for the child, as the unmarried over-21 child of a permanent resident, in the F2B category. The child will be the principal beneficiary of this new petition. The parent does not become a US permanent resident until they enter the US on their immigrant visa, so they cannot file the I-130 until they enter the US. They can file the I-130 as soon as they enter the US with their immigrant visa; they can file that same day if they like. They do not have to wait until they receive the plastic green card; their immigrant visa, stamped upon entry, serves as proof of permanent residency for the filing of the I-130. Like any other green card holder, she can briefly travel abroad, including right after she becomes a permanent resident, but she will need to maintain residence in the US to not lose her permanent residency. The wait for visa numbers in F2B is at least 7 years; so she will have to spend a lot of time apart from her children.

[mickyy]

Thanks for response. Just to clarify follow to join Benefits are not for husband of my sister I am filing petition for. Her Husband can accompany my sister when her visa number comes. Its the kids who needs to be less than 21 and unmarried to be eligible for follow to join benefits. Is my understanding correct?
also on visa bulletin https://travel.state.gov/content/tra...uary-2024.html
there is A final action date for family sponsored and B Dates of filing family sponsored . What's the difference as A is earlier than B which is confusing me. Is A is when some one filed i130 and its approval is date B and now in feb2024 they are current means called for interview?

[KattieWills]

Q1: Determining if children under 21 can accompany their parent:

You are correct. The age of the children at the time the I-130 petition is approved determines whether they are eligible to accompany their parent as derivative beneficiaries. If they are under 21 at the time of approval, they can immigrate with their parent when their priority date becomes current, even if they turn 21 before that date. This is due to the Child Status Protection Act (CSPA),which protects children from aging out of eligibility due to processing delays.

Q2: Options for children over 21:

If your sister's child is over 21 and unmarried when the I-130 is approved, they will not be eligible to accompany their parent as aderivative beneficiary. However, they may be eligible for "follow-to-join" benefits later.

Here are some details:

• Wait time for "follow-to-join": The wait time for "follow-to-join" can vary depending on the child's country of origin and visa category. It could be several years.
• Application from abroad: Once your sister becomes a green card holder, she can petition for her unmarried children over 21(F2B category) while residing in the US. However, the child will need to complete consular processing in their home country to obtain an immigrant visa.
• Travel during the process: Your sister can travel back and forth to visit her family while the petition is pending, but she mustmaintain her US residency.