Ask Experts Questions for FREE Help !
Ask
    barriosroxana21's Avatar
    barriosroxana21 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 16, 2016, 01:27 PM
    Immigration
    My dad's employer filed a petition for him back in 200 along with the 245-I. The employer did not want to proceed with the petition and everything was put on hold. On the petition it was my dad, mom and sister who was a minor at that time. She is now 27 and I am petitioning my parents, can I petition her at the same time since she was in the first petition a minor?
    newacct's Avatar
    newacct Posts: 319, Reputation: 21
    Full Member
     
    #2

    Nov 16, 2016, 02:58 PM
    You can of course petition your parents and siblings if you are a US citizen over 21. Note that sibling is the F4 category which has a wait of about 13 years (19 years for people born in Mexico, 23 years for people born in the Philippines) before a visa number is available. If your sister is unmarried and not born in Mexico, it would be faster for your parent(s) to petition her (as an unmarried over-21 child of a permanent resident, F2B category) than you petitioning her directly.

    (Note that you may be thinking of your sister as a derivative beneficiary of your parents. But even if your sister were under 21, she could not be a derivative beneficiary because Immediate Relatives (spouse, parent, or under-21 child of US citizen) can never have derivative beneficiaries.)

    The fact that they were beneficiaries of a petition filed before 2001 just means that they are grandfathered for 245(I) purposes and can do Adjustment of Status (if a visa number is available) in the US regardless of entering illegally and/or not being status now. It doesn't have anything to do with who can petition them or how long it takes until a visa number is available.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Immigration Australia#Q Immigration Australian [ 0 Answers ]

Hello, I would like to know if there is a register of public records that is able to be accessed regarding - Australians that have migrated to other countries?

Immigration fees for Australian immigration [ 6 Answers ]

Dear Sir; I want to know the immigration fee for Australian Immigration please also clasify both refundable in case of rejection and non refundable immigration fee. I travers every Australian immigration web site but I did'nt find immigration fee please replay me soon. ...

Immigration [ 2 Answers ]

My brother went on vacation one year and met a girl who he later married and sponsored to bring to Canada. It's been 2 years since she has been here, and she's using my brother. She's taking all his money and sending back to her family, and she also treats my brother badly. He claims she loves him...

Immigration [ 1 Answers ]

Why should immigrant be allowed to cross the U.S. boarder


View more questions Search