Question: Hi, I have a question about immigration that really confuses me and is causing a lot of stress in our family right now.

I became an American citizen last year, so I wanted to sponsor my mom and dad for a green card. I thought I could do it myself and so I filed the immigration form for my dad and listed my mom and little sister on it as dependents.

Everything seemed fine until the day of the interview at the U.S. Consulate when the officer told my dad that he was the only one eligible and my mom and little sister couldn’t immigrate along with him. They told him that no dependants were allowed on a parent petition.

We are just devastated. My dad can’t come without my mom or sister. We really don’t know what to do and I don’t understand why my own biological mother and sister can’t immigration along with him. Thanks.

Answer: I understand your confusion. There many very common misunderstandings in cases where an adult child is sponsoring one or both parents, especially when a minor child is involved. It is important to understand the basic rules about this kind of case.

Immediate relatives are parents, spouses and minor children of U.S. Citizens. These family members have priority over all other family relatives for immigration purposes. There are no visa lines or long waiting times to immigrate, just the regular USCIS and consular processing time, which can be approximately 6-12 months.

However, as beneficial as this immigration category is, there are also some serious disadvantages. First, an I-130 family petition must be filed for each Immediate Relative separately. For instance, when filing for both parents, a separate I-130 petition must be filed for the mother and one for the father.

Second, no dependants may immigrate with an Immediate Relative. This is the harshest rule. There is no logical sense, only “heartless” immigration sense.  This means that even though an I-130 petition can be filed for each parent separately, if your parent has a minor child (your “sibling” - younger brother or sister), that child is not allowed to immigrate with your parent at the same time as part of the parent’s I-130 petition. The only way your sibling can immigrate through you is for you to file an I-130 petition separately in another immigration category called the “4th Preference” for Brothers and Sisters of U.S. Citizens. However, this category has the longest waiting line of all the immigration family categories, approximately 10 – 12 years. This makes it impossible for a child to immigrate along with an Immediate Relative parent.

Of course, this rule causes serious consequences to families such as yours where the family attempts to be unified and live in the U.S. together, only to find out that a minor child must be left behind. In many instances, one parent ends up immigrating, then files to sponsor his or her child once they receive their Green Card. However, it is not as simple as that, since the immigration category for the minor child of a U.S. Resident, called “2A Preference” has a waiting line of approximately 4 – 5 years.

One alternative which I have found to be successful is to apply for an F-1 student visa for the minor child of a parent BEFORE filing the I-130 for the parent. To do that, the minor child must be accepted to attend a private school (not public school) in the U.S. Once safely on the student visa, both parents can then immigrate to the U.S. and file the I-130 for the child. Then the child can remain legally in the U.S. living with the parents and attending private school on the F-1 student visa, until there is an immigrant visa available in the “2A Preference” category. If the I-130 is filed before the F-1 is approved, for either the parent or the child, it can negatively impact approval of the student visa.

Another alternative is for one parent to obtain a U.S. work visa and bring the child in as a dependant. However, the best option to ensure that the family can immigrate and still stay together during the separate processes really depends upon each family’s particular circumstances.  In your case, the student visa option may still be available for your sister depending upon family finances and other concerns which we will discuss in detail.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is  not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understand that  this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call your state’s attorney Bar Association.