Petitioned for parents green card, but their aging child is not able to come with them based on I-130 rules.

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Petitioned for parents green card, but their aging child is not able to come with them based on I-130 rules.

Anonymous Oct 30, 2014 Immigration 5 views 3 answers

I am a US citizen and petitioned for my parents’ and sister green cards a year ago. My parents recently got their immigrant visas and are coming to the US. But my sister who is 19 years old was not able to come with them because immediate relatives are not eligible to come with them. Can it be possible for them to petition for my sister here in the US. Does she still have time before she turns 21 to qualify as a child on F2A category? I am worried about this. I made calculations and I believe she is just in time or even miss the availability of a visa by a month according to the current Visa bulletin.

Grace Chisholm · Answer 1 · 2026-06-15T12:33:08+00:00

Your sister can very likely immigrate to the United States although it could take a very long time. Once she turns 21, she will no longer be a "child," but she may be protected by the Child Status Protection Act. Her case will change drastically if your parents become US citizens, or if she gets married. The law surrounding aging-out of children, and their eligibility for lawful permanent residency is very complicated; please consult with an immigration attorney before making any decisions.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 2 · 2026-06-15T12:33:08+00:00

They can petition and she will enjoy the time credit for the period during which the I-130 will be adjudicated. Whether it would be sufficient time for her to obtain an immigrant visa before she turns 21 depends on the category backlog which you can review on the visa bulletin site. The category is F2A.

Karen-Lee PollakImmigration AttorneyDallas, TX · Answer 3 · 2026-06-15T12:33:08+00:00

They can petition your sister. She may be protected by the child status protection act from aging out if she turns 21. We would need additional information to determine if she is protected.

Petitioned for parents green card, but their aging child is not able to come with them based on I-130 rules.

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