Petition for my minor daugther who had a baby

[czc 0]

Hi, I submitted I-130 for my two kids, last year (Jan. 2013) my son and my daughter (13 and !& yrs. now). My daughter was pregnant when I applied. they live in Mexico. Now she has her baby who is 11 mo.

They were approved Jan 31 2014 and I already paid the AOS. for them and paid for the immigrants visas. My question is what to do to get my grand daughter included. or if the fact that she had a baby is going to be an issue. She is

single mother and a minor. I do not know if we are going to have problems. Please Help. I need advise.

[Hypnos 6,576]

Immediate relative petitions do not permit derivative beneficiaries, such as your granddaughter. Your daughter would need to receive her immigrant visa, enter the US, then petition for her minor daughter. It would take approximately two years for the priority date to become current, before your granddaughter would be able to receive her immigrant visa and travel to the US.

[czc 0]

Thanks for your answer. so my daughter can get the citizenship due she is under 18?.

I saw a lawyer and he told me that I could call NVC and ask to attach the baby to the petition, and pay the immigrant visa application. is that true? sorry for too many questions, but I am desperate. THX

[Hypnos 6,576]

Well I hope that lawyer wasn't expensive, because they're a moron. Immediate relative petitions, such as the I-130s you filed for your children, cannot have derivative beneficiaries. This mean that only the named beneficiaries, in this case your son on one I-130 and your daughter on the other, can receive immigrant visas and / or green cards; spouses or children of those beneficiaries cannot obtain derivative status.

If your daughter were to enter the US on her immigrant visa before she turned 18, she may well automatically become a US citizen under the Child Citizenship Act, and would then be able to petition her child as an immediate relative of her own. If she entered the US when she was 18 or older though then that won't happen, and she will have to file under the (slower) family preference category instead.

Edited April 16, 2014 by Hypnos

[czc 0]

Thx Hypnos. Then no matter what, my daughter will get her citizenship regardless she had a baby?. So then she can return to Mexico to take care of the baby. or can we apply for a visitor visa for the baby, so my daughter car start the process to get the baby's immigrant visa? sorry for so many questions.

[Hypnos 6,576]

No, your daughter would be seeking permanent residency, not citizenship; it's very important that you understand the difference. She would need to remain in the US as a permanent resident, and her child would remain in Mexico, to presumably be cared for by other family.

The only exception is that if your daughter were to enter the US before she turns 18 then she may automatically become a US citizen under the Child Citizenship Act. If she doesn't turn 18 for a few more months then this is a possibility.

Another alternative would be waiting to file until your daughter turns 21, since you would then be able to file under the family preference system instead, and your daughter and granddaughter could both receive visas simultaneously. This would obviously add a number of years to the process.

Edited April 16, 2014 by Hypnos

[czc 0]

No, your daughter would be seeking permanent residency, not citizenship; it's very important that you understand the difference. She would need to remain in the US as a permanent resident, and her child would remain in Mexico, to presumably be cared for by other family.

The only exception is that if your daughter were to enter the US before she turns 18 then she may automatically become a US citizen under the Child Citizenship Act. If she doesn't turn 18 for a few more months then this is a possibility.

Another alternative would be waiting to file until your daughter turns 21, since you would then be able to file under the family preference system instead, and your daughter and granddaughter could both receive visas simultaneously. This would obviously add a number of years to the process.

Hi Hypnos, what you're trying to tell me is that my daughter won't receive her citizenship no matter I'm a citizen and she is under 18 just because she had a baby?.

[Hypnos 6,576]

That she has a child of her own is irrelevant to whether she will automatically become a US citizen under the Child Citizenship Act. If she enters on an immigrant visa before her 18th birthday then she will automatically become a US citizen if she lives in your physical and legal custody. If she becomes a US citizen then she can petition her own child as an immediate relative, and this will take about a year. If she enters on an immigrant visa on or after her 18th birthday then she will not automatically become a US citizen under the Child Citizenship Act, and would need to petition her child under the F2A family preference category, and this method would take at least two years and possibly longer.

Edited April 18, 2014 by Hypnos

[czc 0]

Now I got it!. Thx a lot!!

[Mark88 183]

@czc this might also help you:

--Automatic Citizenship through the Child Citizenship Act of 2000 (CCA)--

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

I personally would suggest you should try everything that she enters before she turns 18. This way she automatic receives USC through you. Once she is a citizen she can return to Mexico and petion for her child there an take care of her (a USC can stay outside the country als long as she wants, a LPR can't without loosing her status). When the petition is granted, your granddaughter can come back to the US with the mother and also receives USC once legally entering the US as a LPR with her. This would be your best case scenario.

[czc 0]

Thx for all your help. Just one more: should I mention that she has a baby on the immigrant visa application DS-260 on the question about that if the applicant has children? or should I wait until the interview?

[Mark88 183]

You hae to answer if she has children NOW (or the moment you send the petition). If she is still pregnant it would be a no. I would mention it at the interview ofcourse.

[aaron2020 11,651]

Thx for all your help. Just one more: should I mention that she has a baby on the immigrant visa application DS-260 on the question about that if the applicant has children? or should I wait until the interview?

She has an 11 month baby. The answer is "yes" to the question about the applicant having children.

Why would you omit this? Why would you mark "no" when it would not be true?

[MacUK 983]

What does the childs father have to say about it?