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A. Armstrong

I-130 for daughter of unmarried, under 21 daughter?

By A. Armstrong in Bringing Family Members of US Citizens to America

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A. Armstrong Newbie

A. Armstrong   0

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I know the technical answer is that a petitioner cannot petition for their grandchildren, but I'm wondering if anyone has any experience filing for an unmarried, under 21 daughter, and attaching that daughter's child to the I-130? I've heard of rumors that sometimes CIS let's it fly, but I'm looking for any documented experiences out there on this subject.

Thank you!

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)
I know the technical answer is that a petitioner cannot petition for their grandchildren, but I'm wondering if anyone has any experience filing for an unmarried, under 21 daughter, and attaching that daughter's child to the I-130? I've heard of rumors that sometimes CIS let's it fly, but I'm looking for any documented experiences out there on this subject.

Thank you!

There are two choices.

File for the unmarried under 21 child as an Immediate Relative case (US citizen petitioning for an unmarried child under age 21) or file for the child in the F1 (US citizen petitioning for an unmarried child), F2a (LPR petitioning for an unmarried child under age 21), or F2b (LPR petitioning for an unmarried child over 21 or one who aged out of the F2a category) family preference categories.

The Immediate Relative case (US citizen petitioning for an unmarried child under age 21) would take 6-12 months but derivative beneficiaries are not allowed. This means the grandchild is not eligible for a visa. Once the child immigrates, the child can petition for the grandchild. However, the second petition would take at least 4 years.

The rumor that you heard that CIS will let it fly in an Immediate Relative case is false. The US Embassy or Consulate will apply the law. There is no discretion for them to grant a visa to the grandchild when the law does not allow for this. (This may have been true under old law, but that is not the law as it exist today.)

The family preference category does allow for derivative beneficiaries. The unmarried child and the grandchild would both be eligible for visas. However, it takes at least 4 years for them to be eligible for visas. It could take a Filipino 17 years to get a visa this way.

Edited by aaron2020
 
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