It can take up to 14 years to file for siblings
Because they are siblings, he would have to file separate petitions for each of them, and yes, that process can take up to 14 years.
Good day, Mrs Walker-Huntington.
MY SISTER’S son is a citizen of the United States. He wants to file for his mother and his sisters, who are minors. Is this the situation you mentioned that will take up to 14 years for siblings?
Thank you for your prompt response.
H. A.
Dear H.A.,
Your sister’s son needs to be at least 21 years old in order to file a petition for his mother. She would be considered an immediate relative, and if she is outside of the United States, her petition would begin with US Citizenship and Immigration Services, move to the National Visa Center, and to the local US Embassy for her interview for her immigrant visa. The processing time is normally approximately a year but is now longer because of backlogs. However, if the mother is present in America after a lawful entry, after 90 days, she would be eligible to change her status from a non-immigrant to an immigrant. This would apply even if she was currently out of legal status.
On the mother’s application, the sisters would be listed, but they would not be eligible to travel with their mother as derivative beneficiaries of their brother’s immigrant visa petition. Because they are siblings, he would have to file separate petitions for each of them, and yes, that process can take up to 14 years. In situations such as this, the mother, when she becomes a lawful permanent resident, would have to file petitions for each of her daughters. The processing time for that application should also be a year to an interview at the US Embassy but subject to pandemic backlogs.
Depending on how young the daughters are and whether or not their father is available to care for them in her absence, the mother has some strategic decisions to make. If she has to remain in her home country while the applications for the children’s Green Cards are being processed, she may want to consider a Re-Entry Permit. Planning in these situations needs to be carefully considered.
Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com