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

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


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


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. 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 attorney for a legal advice.


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


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


  7. 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.