US Permanent Resident petition for 20 year old daughter and 2 year old granddaughter

[Moonspell360 1]

My wife just got her conditions removed and has permanent residence status ,she wants to bring her 20 year old daughter and 2 year old granddaughter , what's the right procedure or kind of visa she has to apply for them  to come here as us Permanent visa holders ?

[aaron2020 11,651]

Follow the Guides on Visa Journey.

 

Your wife will need to file an I-130 to start the process.  

 

Here's the potential problem.  Her daughter will start out in the F2a family preference category where the current wait for visas is about 2 years.  Once she turns 21 years old, she will age out into the F2b family preference category where the current wait for visas is about 6 years.  There is a law called the Child Status Protection Act (CSPA) which may allow her to remain in the F2a category - and there is no way to know if it will help for a couple of years.  This is the black box - no one can see what it holds.  

 

It would be best to file as soon as possible.  

[SalishSea 17,837]

21 minutes ago, Moonspell360 said:

My wife just got her conditions removed and has permanent residence status ,she wants to bring her 20 year old daughter and 2 year old granddaughter , what's the right procedure or kind of visa she has to apply for them  to come here as us Permanent visa holders ?

There is no visa preference category for grandchildren.

[aaron2020 11,651]

Just now, Jorgedig said:

There is no visa preference category for grandchildren.

The case for the daughter would include the grandchild as a derivative beneficiary.  The grandchild would qualify for an immigration visa on the case for the daughter.  

[SalishSea 17,837]

1 minute ago, aaron2020 said:

The case for the daughter would include the grandchild as a derivative beneficiary.  The grandchild would qualify for an immigration visa on the case for the daughter.  

Oh!?  I guess that is kind of an advantage for LPRs over USCs, but with a greater wait time.

[SusieQQQ 11,586]

1 hour ago, aaron2020 said:

The case for the daughter would include the grandchild as a derivative beneficiary.  The grandchild would qualify for an immigration visa on the case for the daughter.  

Assuming the daughter is unmarried, which is implied but not explicitly stated.

 

1 hour ago, Jorgedig said:

Oh!?  I guess that is kind of an advantage for LPRs over USCs, but with a greater wait time.

Yes that’s the trade off of being able to sponsor faster/not subject to quota as an immediate relative, which only a USC can do.

On the other hand, if she (daughter) aged out to F1 as daughter of USC she could still bring the grandchild as derivative - and if the daughter gets married as daughter of USC she can still be sponsored, unlike a married child of LPR where the petition would fall away. 

Edited November 17, 2019 by SusieQQQ