What is derivative?

[sheree 2]

Hello All.

My mother, PR, submitted I130 for dad and minor brother. Sent to 2 i-130's but 1 payment. Maybe because I got a wrong impression that since he is minor then maybe he is a "derivative" for my dad's application. Apparently, my little brother's application was returned because he needs a separate $420 for his application.

Can you guys please help me understand about derivative? If he is qualified to be one, does he need a separate i-130?

Please enlightened.

TIA

[Njordan 6]

He's not a derivative as he is an immediate family member. Therefore he needs a separate i-130 filled out with the fee of $420 as well.

[sheree 2]

Pardon for lack of knowledge, but when would a person be consider as derivative?

[aleful 1,905]

hi

she sent it wrong,

she can send in 2 separate petitions but each i130 needs to be paid

.

or she sends in 1 i130 with payment. your brother will be your dad's derivative. your dad is the beneficiary, then on question C17, he would add your brother's name

and he is your dad's derivative as he is an unmarried child under 21 of a LPR

Now, if she is going to become a USC, then she should send in 2 separate petitions, as the other poster stated. there are no derivatives form minor unmarried children of a USC, she would have to file a separate petition at that time

she can save herself and file 2 separate petitions now. Since it could take 2 years or more, maybe less, depending on the Visa Bulletin. she should decide what's best

Edited June 7, 2014 by aleful