QUESTION
If I file a petition for my sister and her family, do I only need to file 1 petition (i.e. pay one fee)?
Asked on May 20th, 2014 on Immigration - California
More details to this question:
It says that I do not have to file a separate petition for my sister & her family. So does that mean that I only need to file 1 petition & pay for one filing fee? Or do I have to file 1 petition but pay 4 filing fee one for each person?
5 ANSWERS
Yes, if you file for your sister, her immediate family (spouse and children under 21) will be covered by the same petition. However, it will take about 10-12 years for the visa number to become available so that they can immigrate and any children over the age of 21 at that time will probably not be eligible to immigrate.
Answered on May 28th, 2014 at 11:16 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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When petitioning for a sister or any sibling, you only need to submit 1 petition and 1 filing fee for the entire family, which includes her spouse and any child(ren) under the age of 21. However, when the priority date for the case becomes current and the family is eligible to apply for their immigrant visas, each individual will need to pay a separate filing fee for their own visa applications.
Answered on May 22nd, 2014 at 8:55 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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One I-130 petition and one fee for your sister - be sure to name her spouse and all children even if they are not coming. When the Priority Date is current your sister's spouse and unmarried children under 21 will be able to process the second stage for the green card and at that time they will each pay a fee for that portion of the case. {Note some children then over 21 but still unmarried may also qualify under a complicated formula with the law Child Status Protection Act - CSPA.}
Answered on May 22nd, 2014 at 8:55 PM
Immigration Law Attorney serving Los Angeles, CA
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Han Law Group Immigration Attorneys
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Yes, you only file one I-130 with one fee of $420 for your sister and list her husband and any children on page 2 of the form.
Answered on May 22nd, 2014 at 8:55 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Assuming the derivative members qualify, they can later file following-to-join petitions.
Answered on May 22nd, 2014 at 6:31 PM