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I filed an I-130 for my sister, could my nephews be beneficiaries to obtain a Green Card too ?

Brooklyn, NY |

I am a U.S. citizen and would like to sponsor my nephews (20 and 23 years old) to migrate to the U.S. along with their mother (my sister). Once her visa number becomes available, could she bring/apply for her 2 sons as derivatives ?? ... if Yes, How long could be that process for my nephews ?

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Attorney answers 3

Posted

She could if the children's respective ages happened to be under 21 when the visa would become available about 14 years from the date of filing.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

F4 category takes over a decade to materialize and only minor children would enjoy the derivative status. She would be able to petition for her own children when time comes.

Posted

No, not unless they were minors when the priority date of the I-130 petition was established (upon its filing.)

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.