I-130 Will my son be a Derivative Beneficiary on Same I-130.

Asked over 2 years ago - Orlando, FL

Hi, I am Green card holder and in process of filing for my wife and 1 yr old sun. I am bit confused as I am getting conflicting advice regarding do I need to file separate I-130 for my 1 yrs old son. It is my understanding that my son will be a derivative beneficiary and his name should be included in question 17 C ( List husband/wife all children of your relative) and does not require a separate I-130.
Does my son need a separate I-130 or he should be included in same I-130 of my wife

Attorney answers (7)

  1. Karen-Lee Pollak

    Contributor Level 19


    Lawyer agrees

    Answered . He is an immediate relative so you will ned to file a separate petition for him

  2. Ilona Dzhamgarova

    Contributor Level 14

    Answered . You have to file separate I 130 petition for your son.

  3. J Charles Ferrari

    Contributor Level 20

    Answered . You need a separate petition for him.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Gintare Grigaite

    Contributor Level 18

    Answered . Agree, he needs a separate petition as an immediate family member.

    Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an... more
  5. Marc Damien Sean Taylor

    Contributor Level 16

    Answered . I agree with my colleagues, you must file a separate I-130 for your son.

  6. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . Its your choice.
    It is advisable to retain an Immigration Lawyer to represent you and explain the process to you.

  7. Deborah Lynne Karapetian

    Contributor Level 18

    Answered . As a green card holder petitioner, your family are not immediate relatives. So you are ok with one petition unless you will naturalize before they enter the us. At that time everyone will need a separate petition.

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