When can derivative beneficiaries option be used?

Asked 9 months ago - Cleveland, OH

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I have a green card (2012) through my American citizen daughter from a previous marriage to an American citizen. my current family (wife & young kids) will be traveling to the states on a visit visa, I did mentioned them on my I-130 as someone who will be following me to the state at a later time.

are they eligible for the derivative beneficiaries option?

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Attorney answers (3)

  1. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered August 27, 2012 06:55. I agree, you mist file I-130w for your relatives

    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered August 27, 2012 05:07. There are no derivatives for immediate relatives. Parents of US citizens over 21 are immediate relatives, and therefore cannot have derivatives. You must file for your wife and kids separately.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com

  3. Contributor Level 20

    Answered August 28, 2012 00:52. I agree with my colleagues.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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