I am permanent resident and and have a approved I 130 for my spouse and 2 yrs old son residing out side of USA.

Asked about 1 year ago - Orlando, FL

Hi I am a permanent resident (green card holder) and have a approved petition I 130 for my spouse and 2 yrs old son both residing out side of US. I have been given a conflicting information that I should have filled separate I 130 for my 2 yrs old son but some are saying that he does qualify for derivative visa with my spouse. please help what can I do? When I filled I 130 I did clearly mention on my covering letter that this petition is for my spouse and minor child and also mention his details in question 17 of I 130. His birth certificate was also submitted with the petition.

Additional information

Can some one please read instructions on how to fill form I 130 specially instructions 3 and 4 . Does it say that my 2 yrs old son qualify for a derivative visa?or did I needed to file a separate I 130?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . Your two-year-old qualifies as a derivative beneficiary. No separate I-130 is required.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered . Your two year old will come in as a derivative beneficiary. A separate I-130 will not be needed.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Kevin D Slattery

    Pro

    Contributor Level 9

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    Answered . U.S. immigration law is often a funny creature. When dealing with "immediate relatives" as defined in immigration law, separate petitions must be filed. However, spouse and child of a U.S. Legal Permanent Resident, unlike spouse and child of a U.S. Citizen, are not considered "immediate relatives" as contemplated by U.S. immigration law. In other words, your son qualifies as a derivative on your single I-1-130 petition for your spouse. If you were a U.S. Citizen, then you would have needed to file separate petitions.

  4. Robert Louis Brown

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Your son qualifies as a derivative. There are no derivatives for immediate relatives of US citizens.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park
    4767 New Broad Street
    Orlando, Florida 32814

  5. Christine Swenson

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . Page one of the I-130 instructions state you must fie a separate I-130 for each eligible relative. You should talk with an immigration attorney to discuss what options are available, if any to expedite the process for your 2 year old son.

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