Family of a U.S. citizen

I am a U.S. citizen and I applied for my parents to get a greencard a year ago. My mom was granted a Visa in March and my dad is about to have his interview soon in Abu Dhabi. I have a 15 year old sister who lives with them, when I had just initiated applying for my parents a year ago, I contacted NVC and someone told me since you have an under aged sibling (under 21), when your mom is granted a Visa your sister will be granted a visa as well. It turned out, when my mom went for her interview, the immigration officer had said this case is for one person only. Soon after, I called NVC and this time they told me s.th different. They said that I should have applied for my sister also separately. Anyway, I have applied for my sister and I sent out the I-130 form about 3 months ago. USCIS has received it but I haven't heard anything else. I'm trying to go to Abu Dhabi for my dad's interview. do you think if there is anyway that my sister could get a Visa along with my dad? If not, what could I possibly do or say inorder to bring my 15 year old sister overhere? It's hard for my parents to leave her by herself in my country. Please advise, and I do appreciate your favor!

Fatemeh

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Phil's picture

Immigrant Visas for Sister of U.S. Citizen

Hi and thank you for posting this question. Since you applied for your parents as immediate relatives of a USC, your parents' daughter does not qualify for derivative status which means she does need her own I-130 petition. The problem is that even if you file a petition for her now no visa will be available for her for about 11 years since she sisters of USC's are a 4th preference.

Once your parents obtain their residency they can file an I-130 for her under the 2nd preference category and the backlog in that category is only 4 years. I realize 4 years is still a very long time since your sister is only 15 years old but I believe that is the only option.

I wish you had contacted me before you filed the I-130 for your sister.

If I think of any other possible solutions I'll post them here but at this time I don't think there are any.

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