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I-130 for petition for mother and sibling

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  • I-130 for petition for mother and sibling

    Hi all, wondering if anybody knows this, we're going to petition my mother, she is married and has my younger sister who just turned 20, i'm wondering if we can petition my mother, her husband and my sister at the same time? it's hard to find detailed information on this
    Marriage based AOS, Long Island, NY
    *2020*
    10/05 PD
    11/08 Receipts via SMS
    11/13 Receipts in mail
    *2021*
    01/29 Biometrics letter
    02/18 I-765/I-485 Shows fingerprints taken
    02/26 I-485 Ready to schedule Interview
    06/23 I-765 New Card Being Produced
    06/24 I-765 Case Approved
    06/28 SSN in Hand
    06/30 EAD in Hand
    08/10 I-485 Interview Was Scheduled
    09/13 I-485 Interview Complete, Case must be reviewed
    09/15 I-485 New Card is Being Produced
    09/15 I-130 Case Approved
    09/22 GC in Hand

  • #2
    No. Parents of US citizens are in the Immediate Relative category which cannot have derivative beneficiaries.

    You can petition your sister directly; it will be in the F4 category which currently has 13.5 year wait for visa numbers (longer for people born in India, Mexico, or the Philippines). Your mother, once she enters the US with her immigrant visa, can also petition your sister, assuming she is unmarried. By that time your sister will likely be 21, so it will be in the F2B category as an unmarried 21-or-over child of a permanent resident, which currently has a 6-year wait for visa numbers (longer for people born in Mexico or the Philippines). Your sister would have to remain unmarried in order to immigrate on your mother's petition.

    I'm assuming your mother's husband is not your father. If your mother married him before you turned 18, you can petition him directly, as a parent of a US citizen. If not, your mother will have to petition him once she enters the US with her immigrant visa. It will be in the F2A category with currently no wait for visa numbers.

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

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