How to bring her daughter

[noway123456 1]

Hi everyone,

So this question is completely unrelated to my case.

My future brother-in-law applied for a visa for his mom and it got approved(I'm not sure what type of visa she applied for but I know that she will get her 10 year Green Card!) She should be here on June 13. She also has a 20 year old disabled daughter that she will leave behind because my brother-in-laws lawyer never mentioned being able to do a joint application. He said that once his mother is here for 10 years, then she can apply for her daughter.

After reading posts on VJ, I feel like the lawyer may have provided false information. If the information is false, how can we start a petition for a visa for her daughter? Could it be immediately through her mother, or does she have to wait a certain time period?

Thanks!

[aaron2020 11,651]

The lawyer is correct. When a USC petitions for a parent, only the parent can get a visa. Derivative beneficiaries are not allowed, so there is no way for daughter to immigrate with her mom.

Mom as an LPR can petition for her unmarried daughter. However, the daughter is very likely to age out into the F2b category when she turns 21 and CSPA will not help. (The F2a PD has not moved since October and is likely to retrogress.). This means 7-8 years for a visa.

Then, there is the whole "public charge" issue. That will be a concern in 7-8 years.