Adding great-grand daughter to petition

[Princessblack 21]

Hi,

Just wanted to know if an I-130 was present for mother to file for sister with her children under 21...that is coming through now at NVC. However, 1 of the child over the course of the 4-5 yrs of processing times has had a child and that child does not appear on the I-130 of course, is it possible to add that child to the petition???

[aaron2020 11,651]

Hi,

Just wanted to know if an I-130 was present for mother to file for sister with her children under 21...that is coming through now at NVC. However, 1 of the child over the course of the 4-5 yrs of processing times has had a child and that child does not appear on the I-130 of course, is it possible to add that child to the petition???

No. The grandparent is the beneficiary. The unmarried child under 21 (the mother) is an eligible derivative beneficiary of the grandparent (her beneficiary parent). The grandchild is not an eligible derivative beneficiary of the beneficiary grandparent.

Two choices;

1. Unmarried child under 21 (mother) can immigrate with her beneficiary parent. When she gets her green card, she can file for the baby. This would take 2-3 years. As long as she maintains ties to the US, the mother can obtain a re-entry permit and go back home to live with her baby until the baby qualifies for a visa.

2. Unmarried child under 21 (mother) does not immigrate with her beneficiary parent. When her parent gets a green card, her parent can file for her and the grandchild. If the mother is close to age 21, it could take 7-8 years.

[Caramel 3]

Hi,

Just wanted to know if an I-130 was present for mother to file for sister with her children under 21...that is coming through now at NVC. However, 1 of the child over the course of the 4-5 yrs of processing times has had a child and that child does not appear on the I-130 of course, is it possible to add that child to the petition???

I don't know if the rule changed but when my mother file for my sister back in 1985 my sister had a one year child and he was able to travel with my sister when she migrated to the US.

[aleful 1,905]

I don't know if the rule changed but when my mother file for my sister back in 1985 my sister had a one year child and he was able to travel with my sister when she migrated to the US.

that's different, your mother was the grandparent, not the great grandparent. the other case is if the grand daugther has a baby, not the daughter having the baby.

if the daughter has a child, the baby is a derivative of the benficiarie's petition, the great grand child isn't.

[aaydrian 479]

I don't know if the rule changed but when my mother file for my sister back in 1985 my sister had a one year child and he was able to travel with my sister when she migrated to the US.

That could be because your sister was petitioned for in a category that allowed for derivatives (kids under 21) to accompany the beneficiary of the petition. So your niece/nephew gets to leave with your sister.

The OP's case is different. She's wondering if a derivative of a derivative can immigrate with the beneficiary which is impossible as far as I know. My cousin with her young child was in a similar situation.