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. Today I received notice of Action I-797 but under Beneficiary it only has my spouse's name and my son's name is missing. My son is a Derivative Beneficiary of this petition. My question is doe's notice of action only has principal beneficiary name on it? When do we get derivative beneficiary in the mix? All his details were on original petition(I130) on question 17C.
Derivative beneficiaries do not need to be listed on the approval notice.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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That is normal. Derivative beneficiaries' names are not usually listed on I-130 approval notices.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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I assume this will be a Consulate Procedure, which means this case will go to the National Visa Center. Once at the NVC, your son's name should appear. If it doesn't, send your son's birth certificate and they should add it.
The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.
derivative beneficiaries are not listed on the approval notice. They should be included at the National Visa Center. if they are not automatically included you should notify the National Visa Center to have them included.
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Derivative beneficiary's do not get a separate approval notice. As your wife is out of the United States you will be receiving correspondence from the Department of State's National Visa Center. That correspondence should include your son. If it doesn't than you can call them and the appropriate paperwork on him can be obtained.
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