Legal Question in Immigration Law in California

The USC sister is required to file a seperate I-130 to the sibling. The child cannot joint the parents.

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Hello:

Thank you for your question.

Generally, there may be a way for a child under 21 to follow their parents if the child qualifies under what is known as the Child Services Protection Act (CSPA). Under CSPA, a determination of whether an alien satisfies the age requirement is made using a calculation that considers the age of the alien on the date when her visa becomes available and the number of days her petition was pending. This can be complex to figure out.

However if a USC daughter petitioned the parents, then it is likely that the child cannot be included in their petition. The daughter would have to petition her sister separately in another I-130 petition.

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