I miss my 13 year old Sister from Ukraine

[BigSis1]

I live in NYS.

I married a US citizen in 2008 and became a full citizen in 2014. I'm filing a I-131 for my Mother from Ukraine to get a green card. She will come this summer on an immigration visa to visit.

My question is about my sister who is 13 years old. She shared a B-2 visa status with my Mom. They came as tourists in 2012 and the B-2 via status will expire in 2017.

1. If my Mom get her I-131 approved will her B-2 visa get cancelled?
2. Is it correct to file a new B-2 visa application for my sister or does the old B-2 visa still apply?
3. Is there a better way to bring my sister for a summer visit?

Thank you,
Big Sis 1

 

[OHRoadwarrior]

As sis's was based on moms it will expire when moms does due to her I-130 green card. An I-131 is a humanitarian green card. You should have applied for sister under same application of an I-130.

 

[PaulMass]

Unfortunately, it's not an easy process to get your sister here.

You can file an I-130, Petition for Alien relative for your mother. Since she is an immediate relative, there is a visa immediately available, so it should take about a year.

You can file an I-130 for your sister, but she is not considered an immediate relative, so she goes into a preference category. As the sibling of a US Citizen, she is considered a 4th preference. USCIS is currently processing 4th preference visa applications that were received in 2002. This means it's likely a 13 year wait or more.

But...

When your mother gets a green card, she can file for her daughter. As the minor child of a green card holder, she is considered a second preference. USCIS is currently processing second preference visa applications that were received in May of 2013, so it seems just under two years.

 

[BigSis1]

I miss my sister

Unfortunately, it's not an easy process to get your sister here.

You can file an I-130, Petition for Alien relative for your mother. Since she is an immediate relative, there is a visa immediately available, so it should take about a year.

You can file an I-130 for your sister, but she is not considered an immediate relative, so she goes into a preference category. As the sibling of a US Citizen, she is considered a 4th preference. USCIS is currently processing 4th preference visa applications that were received in 2002. This means it's likely a 13 year wait or more.

But...

When your mother gets a green card, she can file for her daughter. As the minor child of a green card holder, she is considered a second preference. USCIS is currently processing second preference visa applications that were received in May of 2013, so it seems just under two years.

Ok, I see. Can I file a b2 visa for my sister if the old b2 will get expired?

 

[lisaanderson05]

I live in NYS.

I married a US citizen in 2008 and became a full citizen in 2014. I'm filing a I-131 for my Mother from Ukraine to get a green card. She will come this summer on an immigration visa to visit.

My question is about my sister who is 13 years old. She shared a B-2 visa status with my Mom. They came as tourists in 2012 and the B-2 via status will expire in 2017.

1. If my Mom get her I-131 approved will her B-2 visa get cancelled?
2. Is it correct to file a new B-2 visa application for my sister or does the old B-2 visa still apply?
3. Is there a better way to bring my sister for a summer visit?

Thank you,
Big Sis 1

You are supposed to file the I-130 for your mother if you want to sponsor her for the green card, not I-131. She cannot visit on immigrant visa, she is coming to the U.S. on the nonimmigrant visa: the B-2 visa. Is she planning to stay or just visit? She is not supposed to use her B-2 to visit the U.S. with the intention of staying. Your sister can still continue to use her B-2 visa until it expires. It may be wise to see an immigration attorney so that you don’t cause any unnecessary complications for your mother and sister.

 

[FlyingRon]

Your sister can still continue to use her B-2 visa until it expires.

Not if she also has immigrant intent.

It may be wise to see an immigration attorney so that you don’t cause any unnecessary complications for your mother and sister.

This is the key.

 

[t74]

Once your mother has a green card and obtained a reentry permit to preserve her residency, she can return to the Ukraine to stay with your sister. It is likely that your sister's priority date will become current during the 2 year term of the reentry permit.

However, based on the current political situation in the Ukraine, you should consult an attorney or social service organization with special interest in the Ukraine to explore other options.