Bringing 19 year old daugther with her child

[gilmar 0]

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

[Darnell 8,479]

you can file I-130 for her, not sure about the grandchild (sorry )

your daughter's I-130 will be very 'normal' on processing times, as she's immediate family.

the baby might get derivative status on the mother...

CR-1 for your daughter, CR-2 for the child (not sure about the CR-2 )

so - that's 2 I-130 petitions to file.

File quickly, avoid the age-out, ah?

Train yer eyes up, look for 'guides' then study the I-130 / CR-1 guidebook.

Good Luck !

Edited December 14, 2009 by Darnell

[Dakine 26]

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

It shouldn't be a big problem. Main thing is the NSO BC and what it/they say.

I'd go ahead and file I-130 for each of them to get things moving. You won't need their BCs until the NVC process.

Edited December 14, 2009 by Dakine

[aaron2020 11,651]

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

You could file for your daughter as an Immediate Relative. This option is closed to your daughter if you file after her 21st birthday. However, her child will not qualify as a derivative beneficiary as there is no derivative beneficiary allowed in the Immediate Relative category. This is probably not going to work since your daughter is unlikely to immigrate and leave her child behind. As an LPR, it would take her 4 years to petition for her child during which time they will be separated.

You could file for you daughter in the F1 category, US citizen petitioning for an unmarried child. Derivative beneficiaries are allowed in the F1 category. It will take 16 years for them to get visas. Filipinos in the F1 category with petitions filed Dec. 1, 1993 are just know eligible for visas.

Sorry to give you the bad news.

[aaron2020 11,651]

you can file I-130 for her, not sure about the grandchild (sorry )

your daughter's I-130 will be very 'normal' on processing times, as she's immediate family.

the baby might get derivative status on the mother...

CR-1 for your daughter, CR-2 for the child (not sure about the CR-2 )

so - that's 2 I-130 petitions to file.

File quickly, avoid the age-out, ah?

Train yer eyes up, look for 'guides' then study the I-130 / CR-1 guidebook.

Good Luck !

Derivative beneficiaries are not allowed in the Immediate Relative category.

http://ciudadjuarez.usconsulate.gov/hivfaqs.html

What is the principal beneficiary of a petition and what is a derivative beneficiary?

In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed; that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which means that each applicant must have his or her own petition and individual case number.

---------------------

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

It shouldn't be a big problem. Main thing is the NSO BC and what it/they say.

I'd go ahead and file I-130 for each of them to get things moving. You won't need their BCs until the NVC process.

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

Edited December 14, 2009 by aaron2020

[Dakine 26]

you can file I-130 for her, not sure about the grandchild (sorry )

your daughter's I-130 will be very 'normal' on processing times, as she's immediate family.

the baby might get derivative status on the mother...

CR-1 for your daughter, CR-2 for the child (not sure about the CR-2 )

so - that's 2 I-130 petitions to file.

File quickly, avoid the age-out, ah?

Train yer eyes up, look for 'guides' then study the I-130 / CR-1 guidebook.

Good Luck !

Derivative beneficiaries are not allowed in the Immediate Relative category.

http://ciudadjuarez.usconsulate.gov/hivfaqs.html

What is the principal beneficiary of a petition and what is a derivative beneficiary?

In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed; that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which means that each applicant must have his or her own petition and individual case number.

---------------------

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

It shouldn't be a big problem. Main thing is the NSO BC and what it/they say.

I'd go ahead and file I-130 for each of them to get things moving. You won't need their BCs until the NVC process.

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

True as I was going by a friend [LPR] here that petitioned her daughter and her daughters 3 kids from PI. It took about 10 years but her daughter and the 3 grandaughters all came at the same time. The kids were all under 18 tho.

Edited December 14, 2009 by Dakine

[Darnell 8,479]

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

Thanks for clearing that up - my apologies for my confusion

[aaron2020 11,651]

you can file I-130 for her, not sure about the grandchild (sorry )

your daughter's I-130 will be very 'normal' on processing times, as she's immediate family.

the baby might get derivative status on the mother...

CR-1 for your daughter, CR-2 for the child (not sure about the CR-2 )

so - that's 2 I-130 petitions to file.

File quickly, avoid the age-out, ah?

Train yer eyes up, look for 'guides' then study the I-130 / CR-1 guidebook.

Good Luck !

Derivative beneficiaries are not allowed in the Immediate Relative category.

http://ciudadjuarez.usconsulate.gov/hivfaqs.html

What is the principal beneficiary of a petition and what is a derivative beneficiary?

In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed; that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which means that each applicant must have his or her own petition and individual case number.

---------------------

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

I've been a naturalized US citizen since 15 years ago. I have a daughter who was taken away from me by a relative without my permission. My daughter was only an infant when my Aunt took her from my ex-husband. I was working in Australia at that time. It took me 18 years to find her but then she does not recognize me anymore. She uses my Aunt's family name and not mine and they change her age and name with a new birth certificate, too. I found out that my Aunt died thats why I was able to find my daughter. Now, I want to petition my daughter to be with me where she rightfully belongs. She is turning 20 on December next year (2010). I want to be able to bring her and her son. She is not married but she has 2 year old son. She got pregnant by her highschool classmate. I need your legal opinion on how to bring her here and her son before she gets to 21. Somebody told me that it will be hard for me to bring her here if she is over 21 years old. How long it will take ? I am sorting out her real birth certificate and change her name back to what I gave her when she was a baby thru the help of a lawyer. Please enligthen me on this. I dont know what to do next.

It shouldn't be a big problem. Main thing is the NSO BC and what it/they say.

I'd go ahead and file I-130 for each of them to get things moving. You won't need their BCs until the NVC process.

The USC cannot file directly for her grandchild as there is no basis in the law to petition for a grandchild. The USC cannot file a I-130 for the grandchild.

True as I was going by a friend [LPR] here that petitioned her daughter and her daughters 3 kids from PI. It took about 10 years but her daughter and the 3 grandaughters all came at the same time. The kids were all under 18 tho.

Your friend filed for her daughter in the F2b family preference category; LPR petitioning for an unmarried child over 21. The wait for Filipinos is about 10 years. Derivative beneficiaries are allowed and that is why her daughter and grandchildren all got visas.

Different categories = different wait time = different rules about derivative beneficiaries. All depends on the number of visas in each category. Lots of USCs from the Philippines who petitions for their kids and siblings so it takes them the longest to petition in the family preference categories.

[gilmar 0]

Thank you very all the replies. I have some follow questions, please.

What is NVC stands for? You mean to say I can fill up the I-130 form and enclosed the $355 fee without the NSO birth certificate? How long is the normal waiting for NVC once the receive my application? and after they receive it, what is the next thing to do? Do I need my husband's birth certificate and my birth certificate, too?

[aaron2020 11,651]

Thank you very all the replies. I have some follow questions, please.

What is NVC stands for? You mean to say I can fill up the I-130 form and enclosed the $355 fee without the NSO birth certificate? How long is the normal waiting for NVC once the receive my application? and after they receive it, what is the next thing to do? Do I need my husband's birth certificate and my birth certificate, too?

NVC = National Visa Center

You need to include your daughter's birth certificate; it shows that you were her birth mother.

It depends on how you want USCIS to proceed; Immediate Relative or F1? It could be a few months at USCIS or a few years.

You do not need yours or your husband's birth certificates. Just your daughter's which has both your and her names on it.