USC petitioning for married daughter with family

[RoyS 0]

Hi -

I have read many documents and articles but I still cannot get a clear answer. My grandparents are US citizens and want to petition for their married daughter (my mom). What does that mean for me? Am I automatically included in the petition or a separate petition must be submitted for myself (I am over 21 years), but I don't see a specific category for grandson? Or is it that when my mom's visa number becomes current then she would apply for her family?

I am currently in the US under an H1B visa and have a pending application under employment based immigration, but that is several years away (EB3). Would these applications currently be in conflict or only when I have to file form I-485?

Thanks and appreciate the help.

[payxibka 10,047]

Hi -

I have read many documents and articles but I still cannot get a clear answer. My grandparents are US citizens and want to petition for their married daughter (my mom). What does that mean for me? Am I automatically included in the petition or a separate petition must be submitted for myself (I am over 21 years), but I don't see a specific category for grandson? Or is it that when my mom's visa number becomes current then she would apply for her family?

I am currently in the US under an H1B visa and have a pending application under employment based immigration, but that is several years away (EB3). Would these applications currently be in conflict or only when I have to file form I-485?

Thanks and appreciate the help.

There is no basis that I am aware of for you to adjust status based on grandparents.... your mother's petition for you is probably 5+ yrs or better away

[Kez/JWolf 6]

Hi -

I have read many documents and articles but I still cannot get a clear answer. My grandparents are US citizens and want to petition for their married daughter (my mom). What does that mean for me? Am I automatically included in the petition or a separate petition must be submitted for myself (I am over 21 years), but I don't see a specific category for grandson? Or is it that when my mom's visa number becomes current then she would apply for her family?

I am currently in the US under an H1B visa and have a pending application under employment based immigration, but that is several years away (EB3). Would these applications currently be in conflict or only when I have to file form I-485?

Thanks and appreciate the help.

Your Mom would have to file for you once she has been approved as a LPR then you would have to wait until a visa became available to you that can be anything from 10 years to 16 years depending on where you come from....

See this link for actual dates http://travel.state.gov/visa/frvi/bulletin...letin_3841.html

Kez

[Boiler 46,299]

There is no category for Grandchildren.

If you are not married then your mother can petition for you when she becomes a PR, long wait, otherwise when she is a Citizen.

[RoyS 0]

Thank you all for the feedback!

This is what I thought, but I wasn't sure. Note #2 from the I-130 form instructions threw me off because it states:

1. If you are a U.S. citizen, you may file this form for:

A. Your husband or wife

B. Your unmarried child under age 21

C. Your unmarried son or daughter age 21 or older

D. Your married son or daughter of any age;E. Your brother(s) or sister(s) (you must be age 21 or older)

F. Your mother or father (you must be age 21 or older)

NOTE:

2. If your relative qualifies under paragraph 1©, 1(D) or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

Does this mean the USC can file a separate petition for the children of the relative that are older than 21 (which would be the grandchildren in this case)?

Thanks.

[payxibka 10,047]

Thank you all for the feedback!

This is what I thought, but I wasn't sure. Note #2 from the I-130 form instructions threw me off because it states:

1. If you are a U.S. citizen, you may file this form for:

A. Your husband or wife

B. Your unmarried child under age 21

C. Your unmarried son or daughter age 21 or older

D. Your married son or daughter of any age;E. Your brother(s) or sister(s) (you must be age 21 or older)

F. Your mother or father (you must be age 21 or older)

NOTE:

2. If your relative qualifies under paragraph 1©, 1(D) or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

Does this mean the USC can file a separate petition for the children of the relative that are older than 21 (which would be the grandchildren in this case)?

Thanks.

No, once you have attained the age of 21 you have "aged out" are out of luck and must wait for your parents to be able to petition for you...

[RoyS 0]

Thank you all for the feedback!

This is what I thought, but I wasn't sure. Note #2 from the I-130 form instructions threw me off because it states:

1. If you are a U.S. citizen, you may file this form for:

A. Your husband or wife

B. Your unmarried child under age 21

C. Your unmarried son or daughter age 21 or older

D. Your married son or daughter of any age;E. Your brother(s) or sister(s) (you must be age 21 or older)

F. Your mother or father (you must be age 21 or older)

NOTE:

2. If your relative qualifies under paragraph 1©, 1(D) or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

Does this mean the USC can file a separate petition for the children of the relative that are older than 21 (which would be the grandchildren in this case)?

Thanks.

No, once you have attained the age of 21 you have "aged out" are out of luck and must wait for your parents to be able to petition for you...

Thanks.

And what date determines age 21, is it the date the I-130 is filed or when a visa number becomes available? My brother is currently 18 years old, so it will make a difference for him.

[Kez/JWolf 6]

If he reaches 21 years of age before a visa becomes available he will be "aged out" and will be in the same visa catagory as you.. 2B

Kez

[simple_male 1]

There is no category for Grandchildren.

If you are not married then your mother can petition for you when she becomes a PR, long wait, otherwise when she is a Citizen.

Your grandparents can not petition for you. Your mom has to be an LPR first, then she can apply for you, if you are unmarried at that time. And if you get married after your mom applies for you, the petition will be void. So the safe route is for your mom to be a US citizen and then petition for you, that way, your marital status won't matter.

If your brother reaches 21 before his visa number becomes available, he won't get the visa at that time.

[Boiler 46,299]

What brother?

Ageing out is not relevan to this situation.

[trailmix 77]

Hi -

I have read many documents and articles but I still cannot get a clear answer. My grandparents are US citizens and want to petition for their married daughter (my mom). What does that mean for me? Am I automatically included in the petition or a separate petition must be submitted for myself (I am over 21 years), but I don't see a specific category for grandson? Or is it that when my mom's visa number becomes current then she would apply for her family?

I am currently in the US under an H1B visa and have a pending application under employment based immigration, but that is several years away (EB3). Would these applications currently be in conflict or only when I have to file form I-485?

Thanks and appreciate the help.

I have to ask. If your Grandparents are both American, have you checked out whether or not your Mother has a claim to U.S. citizenship? Were they born in the U.S.? What year was she born in?

Edited January 9, 2008 by trailmix

[simple_male 1]

Hi -

I have read many documents and articles but I still cannot get a clear answer. My grandparents are US citizens and want to petition for their married daughter (my mom). What does that mean for me? Am I automatically included in the petition or a separate petition must be submitted for myself (I am over 21 years), but I don't see a specific category for grandson? Or is it that when my mom's visa number becomes current then she would apply for her family?

I am currently in the US under an H1B visa and have a pending application under employment based immigration, but that is several years away (EB3). Would these applications currently be in conflict or only when I have to file form I-485?

Thanks and appreciate the help.

I have to ask. If your Grandparents are both American, have you checked out whether or not your Mother has a claim to U.S. citizenship? Were they born in the U.S.? What year was she born in?

OP can ask, but I am sure, OP would have known, if mom is a US citizen.

Boiler, OP also asked a question about his/her 18-year-old brother.

[Boiler 46,299]

On this thread?

For the life of me I can not see any mention of a Brother. Does not matter.

[payxibka 10,047]

See post #7

[Boiler 46,299]

See post #7

OK, Thanks.