Follow to join - IB1 bringing a child

[Francis Keletee P 2]

Can a self-petitioner ( Derivative turned 21 years) who obtain IB1 category from my mother- (self-petition spouse of a US citizen) takes along with him/her his/her child? 

I gain the status of my mother as IB1 new arrival.

Can someone educate me? I want my 3-year-old son to accompany me.

Edited April 3, 2022 by Francis Keletee P

[millefleur 5,046]

**Moved from General Polls to Bringing Family Members of Permanent Residents to America**

[Boiler 45,499]

Bit of a guessing game

 

IR 1 but that does not seem to make much sense.

[Family 3,988]

Quote

 

IB1 Self-petition spouse of U.S. citizen. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((entered with IV))

IB2 Self-petition child of U.S. citizen. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((entered with IV))

IB3 Child of an alien classified as IB1 or IB6. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((entered with IV))

IB6 Self-petition spouse of U.S. citizen. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((Adjusted status))

IB7 Self-petition child of U.S. citizen. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((Adjusted status))

IB8 Child of an alien classified as IB1 or IB6. Sec. 40701 of PL-103-322 (Sept. 13, 1994) – ((Adjusted status))

 

 

What is the category on your green card and on what date did you become LPR? 

[nastra30 2,285]

23 hours ago, Francis Keletee P said:

Can a self-petitioner ( Derivative turned 21 years) who obtain IB1 category from my mother- (self-petition spouse of a US citizen) takes along with him/her his/her child? 

I gain the status of my mother as IB1 new arrival.

Can someone educate me? I want my 3-year-old son to accompany me.

Your mom's visa category is IB1 and yours is IB3? Are you currently in the US or outside the US?

[Francis Keletee P 2]

1 hour ago, nastra30 said:

Your mom's visa category is IB1 and yours is IB3? Are you currently in the US or outside the US?

My mom is IB6- a self-petition spouse of a US citizen- adjustment. I am out of the US and I obtain her category as IB1-self petition spouse- new arrival. I am a derivative beneficiary.

[nastra30 2,285]

14 minutes ago, Francis Keletee P said:

My mom is IB6- a self-petition spouse of a US citizen- adjustment. I am out of the US and I obtain her category as IB1-self petition spouse- new arrival. I am a derivative beneficiary.

Hmm, since you are the child of IB6, I would have thought your category is IB3.

Either ways, my inclination is I don't think your mom's grandkids (your child) can be a derivative on your visa. You may have to migrate first, and then once you get to the US, you file I-130 to sponsor your son.

[Family 3,988]

44 minutes ago, Francis Keletee P said:

My mom is IB6- a self-petition spouse of a US citizen- adjustment. I am out of the US and I obtain her category as IB1-self petition spouse- new arrival. I am a derivative beneficiary.

You were derivative on moms Vawa  ( she adj in US) ,  You turned  21 and CSPA protection allows you to be considered SELF PETITIONER…( u are outside consular process) 

 

Best I can do is attach a VAWA Derivative link , I am not quite clear yet .

https://www.ilrc.org/sites/default/files/resources/vawa_derivatives_final_formatted.pdf

 

I also SAY , List your child on the DS-260 , upload birth certificate to NVC, email both NVC and Consulate the question and Good Luck!