Derivative Beneficiary

[abedih 0]

Hello,

New to this site but hoping for some help in getting started. I'm a US Citizen and filed an I130 for my married daughter on May 10, 2002. At the time of filing both her children (my grandchildren) and her husband were listed on the petition. At the time of filing one of her daughters was unmarried and under the age of 21 (18 at the time). My daughter and her husband had their visa availability date come up late last year and were approved for immigration at consulate (Dubai) this past February and arrived in the US during same month. Both my daughter and her husband have received their green cards. I believe the CSPA protects the child who has aged out but am concerned about the deadline for filing to have the child follow her parents to the US. My question is what forms do I need to complete to have the child immigrate as a derivative beneficiary under my daughter's I130? Thanks for any help you can provide.

[NigeriaorBust 4,087]

Age at the time of filing does not apply to derivates CPSA does. You use actual age minus ( time between petition acceptance and petition approval) to determine CPSA age. It sounds like they are aged out if they were 18 in 2002 and if they married they are ineligble even if CPSA protects them

[abedih 0]

Thanks for the response. But my understanding is that the age is frozen from time of filing of I130 until a visa is available for the primary beneficiary. I think she still qualifies based on CPSA but need to know what forms should be filed on her behalf.

[belinda63 3,047]

I believe CSPA only applies to the time from petition arrival until petition approval, not visa availability. So if the petition arrived (NOA-1) May 2002 and the I-130 was approved December 2002 then 8 months would be subtracted from her age to determine eligibility. Her age does not freeze when the petition is filed.

[Billyk 6]

Hello,

New to this site but hoping for some help in getting started. I'm a US Citizen and filed an I130 for my married daughter on May 10, 2002. At the time of filing both her children (my grandchildren) and her husband were listed on the petition. At the time of filing one of her daughters was unmarried and under the age of 21 (18 at the time). My daughter and her husband had their visa availability date come up late last year and were approved for immigration at consulate (Dubai) this past February and arrived in the US during same month. Both my daughter and her husband have received their green cards. I believe the CSPA protects the child who has aged out but am concerned about the deadline for filing to have the child follow her parents to the US. My question is what forms do I need to complete to have the child immigrate as a derivative beneficiary under my daughter's I130? Thanks for any help you can provide.

Since it has been long time but I am sure you are still dealing with your issue. Did you take any actions in terms of filing for your grand daughters who were aged out? The way I get new information they might be able to retain the same PD if Immigration Reform bill passes as their parents. Like to hear from you ........Thanks!