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  1. #1
    Join Date
    Sep 2010
    Posts
    2

    Default Petitioned by U.S. Citizen Sister but What About My Children

    Hello,

    My sister petitioned me using I130 about twelve years ago and at that time all of my 3 children were under 21 years of age. I got married to a U.S. Citizen and got my green card but my eldest son is now over 21 years old (unmarried). Does the petition from my sister will help in any way or do I have to petition him on a new I-130 and will he have to wait another 10 years or so?

    Thank you in advance for your advice.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Petitioned by U.S. Citizen Sister but What About My Children

    Why did you not petition them when you got your GC? You children would have had to accompany you under your sister's petition; since you no longer will use it, they cannot come. Petition for each as the unmarried child of a LPR.

    Since you are confused about the process, you need to consult an attorney.

  3. #3
    Join Date
    Sep 2010
    Posts
    2

    Default Re: Petitioned by U.S. Citizen Sister but What About My Children

    OK,

    I did some reading and found that the Immigration and Nationality Act - Under Section 245(i) will grandfather him as a sub-beneficiary of my sister's petition since it was filed before April of 2001.

    My new question is: Does he have to file the I-360 or the 485-I along with the 485 supplement A?

    Does he have to pay the $1000 fine even though he came to this country legally on a tourist visa and he has the I-94?

    A visa under my sister's petition is not yet available.

    Thank you for your advice in advance.

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