Can my parents bring children? INA §203(d) question [J.D. level]
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I sponsored an I-130 for my parents, believing it will be faster for my parents to
petition for their other children once they become permanent residents (and then the
children would be eligible as immediate relatives of the parents) than it would be
for me as a citizen to petition my brother & sister, with the 4th family preference,
for their country and a visa processing date currently 22 years away. Even 2a
preferences are currently 5 years out.
Does §203(d) mean that my brother & sister can come to the U.S. when my parents
come?Naturally, I would like to have my brother & sister 12 & 15, not have to be left
behind without guardianship, food, shelter, & money when my parents come to the U.S.
How does the following section apply to my brother & sister, when I have submitted an
I-130 for my parents only:
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
Sec. 203. [8 U.S.C. 1153] ...
"...(d) Treatment of Family Members. - A spouse or child as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to
an immigrant status and the immediate issuance of a visa under subsection (a), (b),
or (c), be entitled to the same status, and the same order of consideration
provided in the respective subsection, if accompanying or following to join, the
spouse or parent."
from http://www.ins.usdoj.gov/lpBin/lpext...b-1060/slb-106
2/slb-1197?f=templates&fn=document-frame.htm#slb-act203
petition for their other children once they become permanent residents (and then the
children would be eligible as immediate relatives of the parents) than it would be
for me as a citizen to petition my brother & sister, with the 4th family preference,
for their country and a visa processing date currently 22 years away. Even 2a
preferences are currently 5 years out.
Does §203(d) mean that my brother & sister can come to the U.S. when my parents
come?Naturally, I would like to have my brother & sister 12 & 15, not have to be left
behind without guardianship, food, shelter, & money when my parents come to the U.S.
How does the following section apply to my brother & sister, when I have submitted an
I-130 for my parents only:
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
Sec. 203. [8 U.S.C. 1153] ...
"...(d) Treatment of Family Members. - A spouse or child as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to
an immigrant status and the immediate issuance of a visa under subsection (a), (b),
or (c), be entitled to the same status, and the same order of consideration
provided in the respective subsection, if accompanying or following to join, the
spouse or parent."
from http://www.ins.usdoj.gov/lpBin/lpext...b-1060/slb-106
2/slb-1197?f=templates&fn=document-frame.htm#slb-act203