Can an immigrant bring his kids once petition is approved?

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

[Bobby+Umit 161]

I believe they either have to be on the same petition, or have seperate ones made.

The guides above list one for children - give it a look see!

[aaron2020 11,651]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

[Chica Yeyé 41]

plus those visas take a loooooooooooong time since they are not immediate relatives fore the purpose of immigration --- and about the grandkids, I do not know how and if that works.

.

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

[aaron2020 11,651]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen?

Is your uncle's son planning on marrying the mother of this children?

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.)

When did your uncle file the I-130 for his son?

What country is your uncle son from?

[L179 1]

depends on who was included in the first petition.

also if they have been petitioned for at all.

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father.

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

[aaron2020 11,651]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son? im sorry i didnt understand the question at first. heres the answer... yes he has proof that he is the father of the children. their birth certificate shows it. does my uncle has to send it with the first packet?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

[aaron2020 11,651]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son? im sorry i didnt understand the question at first. heres the answer... yes he has proof that he is the father of the children. their birth certificate shows it. does my uncle has to send it with the first packet?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

Okay, here is the situation.

Your uncle's son (your cousin) will be placed in the F2b category (LRP petitioning for an ummarried child over 21 years old). Currently, F2b cases from the Philippines filed before April 1, 1998. In about 11 years, if your cousin was unmarried the entire wait and his two children are under age 21 and also unmarried, they will all get visas. After your cousin comes to the US as an LPR, he can go home to marry his girlfriend. It would take about 5 years for him to petition for her. So total of 16 years to get the entire family to the US.

Your uncle becomes a US citizen, it can change your cousin's case. Your uncle may choose to become a US citizen to qualify for means-based benefits or for some other reason. Your cousin would automatically move to the F1 category (USC petitioning for an unmarried child over 21). Filipinos in this category who filed before Sept. 1, 1993 are now eligible for visas. So it take longer for a USC to petition for an unmarried child over 21 than for an LPR. Your cousin can elect to stay in the F2b category. In the F1 or F2b categories, only your cousin and his unmarried children under 21 would get visas.

If your uncle becomes a US citizen, your cousin could also get married after your uncle becomes a citizen. Your married cousin would move to the F3 category (USC petitioning for a married child). Filipinos with petitions filed July 1, 1991 are now eligible for visas. Your cousin, his wife and unmarried children under age 21 would get visas. So, it could take 18 years this way.

Age is determined at the time a visa becomes available. So F3 may not work well if the kids are older than 3 years old now. CSPA may extend the time but don't count on it. I think the F2b route is the best for Filipinos because of the potential for the 2 children to age out and not get visas.

Remember the petition your uncle files for your cousin is solely for him. His children would be derivative beneficiaries who may loose immigration benefits.

Edited July 9, 2009 by aaron2020

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son? im sorry i didnt understand the question at first. heres the answer... yes he has proof that he is the father of the children. their birth certificate shows it. does my uncle has to send it with the first packet?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

Okay, here is the situation.

Your uncle's son (your cousin) will be placed in the F2b category (LRP petitioning for an ummarried child over 21 years old). Currently, F2b cases from the Philippines filed before April 1, 1998. In about 11 years, if your cousin was unmarried the entire wait and his two children are under age 21 and also unmarried, they will all get visas. After your cousin comes to the US as an LPR, he can go home to marry his girlfriend. It would take about 5 years for him to petition for her. So total of 16 years to get the entire family to the US.

Your uncle becomes a US citizen, it can change your cousin's case. Your uncle may choose to become a US citizen to qualify for means-based benefits or for some other reason. Your cousin would automatically move to the F1 category (USC petitioning for an unmarried child over 21). Filipinos in this category who filed before Sept. 1, 1993 are now eligible for visas. So it take longer for a USC to petition for an unmarried child over 21 than for an LPR. Your cousin can elect to stay in the F2b category. In the F1 or F2b categories, only your cousin and his unmarried children under 21 would get visas.

If your uncle becomes a US citizen, your cousin could also get married after your uncle becomes a citizen. Your married cousin would move to the F3 category (USC petitioning for a married child). Filipinos with petitions filed July 1, 1991 are now eligible for visas. Your cousin, his wife and unmarried children under age 21 would get visas. So, it could take 18 years this way.

Age is determined at the time a visa becomes available. So F3 may not work well if the kids are older than 3 years old now. CSPA may extend the time but don't count on it. I think the F2b route is the best for Filipinos because of the potential for the 2 children to age out and not get visas.

Remember the petition your uncle files for your cousin is solely for him. His children would be derivative beneficiaries who may loose immigration benefits.

the children are 2 yrs old ryt now. both of them. What do you mean that they will lose immigration benefits? They will be able to get to the US as derivatives of my cousin then once they are in the US, what do they have to do?

Thank so much

[aaron2020 11,651]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son? im sorry i didnt understand the question at first. heres the answer... yes he has proof that he is the father of the children. their birth certificate shows it. does my uncle has to send it with the first packet?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

Okay, here is the situation.

Your uncle's son (your cousin) will be placed in the F2b category (LRP petitioning for an ummarried child over 21 years old). Currently, F2b cases from the Philippines filed before April 1, 1998. In about 11 years, if your cousin was unmarried the entire wait and his two children are under age 21 and also unmarried, they will all get visas. After your cousin comes to the US as an LPR, he can go home to marry his girlfriend. It would take about 5 years for him to petition for her. So total of 16 years to get the entire family to the US.

Your uncle becomes a US citizen, it can change your cousin's case. Your uncle may choose to become a US citizen to qualify for means-based benefits or for some other reason. Your cousin would automatically move to the F1 category (USC petitioning for an unmarried child over 21). Filipinos in this category who filed before Sept. 1, 1993 are now eligible for visas. So it take longer for a USC to petition for an unmarried child over 21 than for an LPR. Your cousin can elect to stay in the F2b category. In the F1 or F2b categories, only your cousin and his unmarried children under 21 would get visas.

If your uncle becomes a US citizen, your cousin could also get married after your uncle becomes a citizen. Your married cousin would move to the F3 category (USC petitioning for a married child). Filipinos with petitions filed July 1, 1991 are now eligible for visas. Your cousin, his wife and unmarried children under age 21 would get visas. So, it could take 18 years this way.

Age is determined at the time a visa becomes available. So F3 may not work well if the kids are older than 3 years old now. CSPA may extend the time but don't count on it. I think the F2b route is the best for Filipinos because of the potential for the 2 children to age out and not get visas.

Remember the petition your uncle files for your cousin is solely for him. His children would be derivative beneficiaries who may loose immigration benefits.

the children are 2 yrs old ryt now. both of them. What do you mean that they will lose immigration benefits? They will be able to get to the US as derivatives of my cousin then once they are in the US, what do they have to do?

Thank so much

In a case such as your cousin; the parent is filing for the child who is the principal beneficiary. The grandkids are derivative beneficiaries. Generally, derivative beneficiaries who turn 21 years old by the time a case becomes current losses their derivative beneficiary status. So if your cousin's case is ultimately a F3 case, it can take around 18 years. If it takes longer and the kids are over 21 years old and CSPA does not provide relief, the kids will not get immigration visas. That is why I think it is a bad route for Filipinos because the wait is so long that children may actually age out. The problem is more evident if the child was currently 18. That child would definitely age out. Your cousin does not need to worry about this unless your uncle becomes a US citizen and he decides to marry. I think it is something to be aware of so the kids don't accidentally age out and lose their chances to immigrate with your cousin.

[luck-e and Kookie 0]

Hi,

This question goes for my uncle who is petitioning his son over 21 yrs old. single but got 2 kids. Once the peitition is approved, can the kids go with him to the US?

Thank you.

Yes if your uncle petitioned for his son in the family preference categories and not as an Immediate Relative. The kids, if they are unmarried and not yet 21 years old, are eligible derivative beneficiaries. Your uncle should request that the grandkids be added to the petition for his unmarried son by writing to the National Visa Center (NVC). Derivative beneficiaries are allowed in all family preference categories (F1, F2a, F2b, F3, and F4). Derivative beneficiaries do not work in the Immediate Relative categories.

his son is over 21. how do i know if the one he sent out was immediate relative or family preference? he used the I-130 form tho.

Look at the notice that he got back from USCIS. It should state what kind of a case it is.

If your uncle is a legal permanent resident (green card holder), then his son is definitely in one of the family preference category.

---------

Let me know the following and I can better answer your question and advise you on things you may not be aware of.

Is your uncle a LPR or US citizen? LPR. he got here last August 08, 2008.

Is your uncle's son planning on marrying the mother of this children? yes. not until he gets to the US.

Does your uncle's son have proof that he is the father of the children? (Naming him as the father on the birth certificates is a good start.) the son has the birth certificate showing that my uncle is the father. Totally confused by your answer - who is the father of the 2 children? Your uncle or his son? im sorry i didnt understand the question at first. heres the answer... yes he has proof that he is the father of the children. their birth certificate shows it. does my uncle has to send it with the first packet?

When did your uncle file the I-130 for his son? I just sent the packet today. 7/8/09

What country is your uncle son from? Philippines.

Okay, here is the situation.

Your uncle's son (your cousin) will be placed in the F2b category (LRP petitioning for an ummarried child over 21 years old). Currently, F2b cases from the Philippines filed before April 1, 1998. In about 11 years, if your cousin was unmarried the entire wait and his two children are under age 21 and also unmarried, they will all get visas. After your cousin comes to the US as an LPR, he can go home to marry his girlfriend. It would take about 5 years for him to petition for her. So total of 16 years to get the entire family to the US.

Your uncle becomes a US citizen, it can change your cousin's case. Your uncle may choose to become a US citizen to qualify for means-based benefits or for some other reason. Your cousin would automatically move to the F1 category (USC petitioning for an unmarried child over 21). Filipinos in this category who filed before Sept. 1, 1993 are now eligible for visas. So it take longer for a USC to petition for an unmarried child over 21 than for an LPR. Your cousin can elect to stay in the F2b category. In the F1 or F2b categories, only your cousin and his unmarried children under 21 would get visas.

If your uncle becomes a US citizen, your cousin could also get married after your uncle becomes a citizen. Your married cousin would move to the F3 category (USC petitioning for a married child). Filipinos with petitions filed July 1, 1991 are now eligible for visas. Your cousin, his wife and unmarried children under age 21 would get visas. So, it could take 18 years this way.

Age is determined at the time a visa becomes available. So F3 may not work well if the kids are older than 3 years old now. CSPA may extend the time but don't count on it. I think the F2b route is the best for Filipinos because of the potential for the 2 children to age out and not get visas.

Remember the petition your uncle files for your cousin is solely for him. His children would be derivative beneficiaries who may loose immigration benefits.

the children are 2 yrs old ryt now. both of them. What do you mean that they will lose immigration benefits? They will be able to get to the US as derivatives of my cousin then once they are in the US, what do they have to do?

Thank so much

In a case such as your cousin; the parent is filing for the child who is the principal beneficiary. The grandkids are derivative beneficiaries. Generally, derivative beneficiaries who turn 21 years old by the time a case becomes current losses their derivative beneficiary status. So if your cousin's case is ultimately a F3 case, it can take around 18 years. If it takes longer and the kids are over 21 years old and CSPA does not provide relief, the kids will not get immigration visas. That is why I think it is a bad route for Filipinos because the wait is so long that children may actually age out. The problem is more evident if the child was currently 18. That child would definitely age out. Your cousin does not need to worry about this unless your uncle becomes a US citizen and he decides to marry. I think it is something to be aware of so the kids don't accidentally age out and lose their chances to immigrate with your cousin.

so basically, my cousin would just have to remain single as he gets here. right? his kids are 2 yrs old right now. The visas available right now for this kind of category are those who filed last April 1 1998. Thats 11 yrs wait. Would it be better if my uncle dont be a citizen until such time that my cousin gets here because its faster that way right? if the kids are over 21 by the time the visas are available, thats the time they will lose their chances of getting their visas right?

If I will base it on the wait time on the current visa bulletin, 11 yrs plus 2 yrs old (ages of my cousins kids) they're 13 yrs old by the time the visa might be available so there is a chance for them to be here in time yah? please correct me if im wrong.

[aaron2020 11,651]

Right and wrong.

Right. Your cousin should not get married until after he immigrates to the US. This means physically be in the US. Some people screw this up by getting married after getting the visa and before setting foot in the US - the person becomes ineligible because the visa would be for a single person and now the person is married. So, yes, DO NOT GET MARRIED UNTIL AFTER ENTERING THE US AND BECOMING AN LPR if he wants to be here in about 11 years.

Wrong. Your uncle can become a US citizen. Your cousin's case would move from the F2b category to the F1 category automatically. Your cousin MUST request that his case not be moved if he wants to remain in the F2b category.

The kids will get visas along with their dad in about 11 years.