When can derivative beneficiaries option be used?

Asked about 2 years ago - Cleveland, OH

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?

Attorney answers (3)

  1. Neil Ian Fleischer

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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. F. J. Capriotti III

    Contributor Level 20

    Answered . 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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A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

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