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When can derivative beneficiaries option be used?

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. 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

  2. I agree, you mist file I-130w for your relatives

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  3. I agree with my colleagues.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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