Visa for wifes 17 year-old daughters baby?

[RandR333 9]

I'm not sure if that is phrased correctly. My wife - LPR - is filing F2a for her 17 year-old daughter who just had a baby. Will the baby be able to come with her as a derivative or will the daughter need to file when she gets here?

Thank you

[ljmp_10 105]

What is the Priority date? Is the case still with the USCIS or already with the NVC?

I think the child can be a derivative. Just call USCIS or NVC (wherever the case is located at now), and inform them about the birth of the child. :-)

[apple21 953]

I'm not sure if that is phrased correctly. My wife - LPR - is filing F2a for her 17 year-old daughter who just had a baby. Will the baby be able to come with her as a derivative or will the daughter need to file when she gets here?

Thank you

This has already been answered in your previous post.

Again, yes, the baby will become a derivative for the F2A petition your LPR wife will file for her 17yo daughter.

Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

[RandR333 9]

This has already been answered in your previous post.

Again, yes, the baby will become a derivative for the F2A petition your LPR wife will file for her 17yo daughter.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

Thank you. The reason I asked again was because someone posted that they did not believe it could be done according to the reference material they stated.

Thank you for including a reference this time.

[aaron2020 11,651]

I checked on uscis.gov, i didn't see anywhere that the baby can be an eligible derivative, can you please send us a link.

I hope that can help you.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2633/0-0-0-2660.html

(5) Derivative Beneficiaries . Any alien classified as an immediate relative must be the direct beneficiary of an approved petition for that classification. Therefore the child of an alien approved for immediate relative spouse classification is not eligible for derivative classification and must have a petition filed on his or her behalf.

However, the children and, in some cases, the spouse of an alien approved for family preference classification, may be included in the principal alien's preference visa petition. The derivative beneficiary will be accorded the same family preference classification and the same priority date as the principal alien.

If the derivative child of a second preference beneficiary reaches the age of 21 years prior to the issuance of a visa to the principal alien parent, a separate petition will be required for that child. The petition must be filed by the same petitioner that filed for the principal alien parent, and, if approved, would retain the original priority date. Remember, this retention of the original priority date only applies when the derivative child's principal alien parent is accorded second preference classifi cation.

When adjudicating a petition, it is important to determine if there are family members eligible to derive benefits from the petition.

If the family is in the United States and the principal alien is outside the United States, the derivative beneficiaries may be eligible for adjustment of status under section 245 of the Act once the principal alien has immigrated (provided they are not subject to the bars contained in sections 245(a) or 245© of the Act), and should be so notified.

Read up on Family Preference Categories. Dericative beneficiaries are allowed in all if them.

Plenty of people on this forum in the F2a category have brought their unmarried and under 21 years old children to the US as derivative beneficiaries.

I don't have the time to search and provide you with a link since thi is common knowledge on this forum and there are plenty of real cases.

[aaron2020 11,651]

Thank you. The reason I asked again was because someone posted that they did not believe it could be done according to the reference material they stated.

Thank you for including a reference this time.

That person is wrong.

Why don't you just search this forum for F2a cases where people have already brought their kids to the US as dericative beneficiaries? Real life examples will convince you over the opinion of one poster, right?

Edited March 10, 2013 by aaron2020

[Krikit 1,164]

Merging duplicate threads.

[Mey78 3]

You need to file the application in both names, also if she is still pregnant by the time of filing out you need to file as unborn and her last name and also file affidavits of support for her and her child because she is a minor still have first priority and her baby will too... Find a lawyer and ask questions or make an appointment to go talk directly with an immigration agent they will be able to give you the right answer

Edited March 19, 2013 by Mey78