Think I know the answer--but just curious--can USC bring grandchild to US?

[Tee and Megan 10]

Hello all!

My apologies if this has been asked before--but my search efforts aren't finding anything. We are working on bringing my mother-in-law to the US and eventually getting her citizenship. WAAAY down the road--we were just curious if it would ever be possible for her to petition, as a USC for one of her grandchildren to join her in the US? 

Thank you all so much for all your help on our immigration journey. We don't know what we'd to without VJ!

Peace be with you

 

Megan 

[SusieQQQ 11,586]

Not directly, but she can petition for her own child and have the grandchild as a derivative on the petition, assuming  the grand child is still under 21 when a visa becomes available to the parent.

Edited May 8, 2022 by SusieQQQ

[Mundo254 49]

42 minutes ago, Tee and Megan said:

Hello all!

My apologies if this has been asked before--but my search efforts aren't finding anything. We are working on bringing my mother-in-law to the US and eventually getting her citizenship. WAAAY down the road--we were just curious if it would ever be possible for her to petition, as a USC for one of her grandchildren to join her in the US? 

Thank you all so much for all your help on our immigration journey. We don't know what we'd to without VJ!

Peace be with you

 

Megan 

Possibly (indirectly) but it can be complicated. As mentioned above, through the grandchild's parent so they can come as a derivative assuming the parent is alive. Sort of in the same situation regarding your question, my mum is a US citizen, petitioned for me and my brother before she became a citizen (f2b) but she recently became a citizen. Unfortunately my widower brother died leaving 2 lovely daughters while we were almost there (at NVC and DQ). Crushed our hearts knowing his daughters US dream may also be over. Even thought going the adoption route which i understand is a possibility but really really complicated (navigating through adoption and immigration law). So to your question, i guess its possible but will be very complex.

Edited May 8, 2022 by Mundo254

[Sarah18 2]

I filled for my mother and she is now in the us with Green card. My mother was living with her grandchild since my younger sister passed away. My mother filled for her grandchild Hand the case is currently in review at usciss 

[Boiler 45,421]

15 minutes ago, Sarah18 said:

I filled for my mother and she is now in the us with Green card. My mother was living with her grandchild since my younger sister passed away. My mother filled for her grandchild Hand the case is currently in review at usciss 

She had adopted the child?

[Sarah18 2]

11 minutes ago, Boiler said:

She had adopted the child?

No I add a copy of death certificate on it. When I filled for my mom I mention a name of all my brother and sister including my death sister. I will wait to see if there ask something else. The application have been accepted and is currently under review.

[Crazy Cat 41,744]

40 minutes ago, Sarah18 said:

I filled for my mother and she is now in the us with Green card. My mother was living with her grandchild since my younger sister passed away. My mother filled for her grandchild Hand the case is currently in review at usciss 

On what basis?  I see no direct connection for an I-130.

Edited May 8, 2022 by Crazy Cat

[aaron2020 11,651]

22 minutes ago, Sarah18 said:

No I add a copy of death certificate on it. When I filled for my mom I mention a name of all my brother and sister including my death sister. I will wait to see if there ask something else. The application have been accepted and is currently under review.

Unfortunately, this petition will be denied.  There is no basis for a grandparent to petition a grandchild.  The law does not allow it.

 

You paid for an I-130 to be processed.  That is what is happening.  When the processing is over, it will be a denial of the I-130 as there is no qualified relationship between the petitioner and the beneficiary allowing for the successful filing of the I-130.

Edited May 8, 2022 by aaron2020

[aaron2020 11,651]

1 hour ago, Tee and Megan said:

Hello all!

My apologies if this has been asked before--but my search efforts aren't finding anything. We are working on bringing my mother-in-law to the US and eventually getting her citizenship. WAAAY down the road--we were just curious if it would ever be possible for her to petition, as a USC for one of her grandchildren to join her in the US? 

Thank you all so much for all your help on our immigration journey. We don't know what we'd to without VJ!

Peace be with you

 

Megan 

Only possible if both parents are deceased and the grandmother adopts that child before the age of 16.  

[SalishSea 17,782]

1 hour ago, Sarah18 said:

I filled for my mother and she is now in the us with Green card. My mother was living with her grandchild since my younger sister passed away. My mother filled for her grandchild Hand the case is currently in review at usciss 

Is she claiming the grandchild is her own child?

 

Because there is no basis for a petition for a grandchild.

[Unlockable 7,314]

1 hour ago, Sarah18 said:

I filled for my mother and she is now in the us with Green card. My mother was living with her grandchild since my younger sister passed away. My mother filled for her grandchild Hand the case is currently in review at usciss 

 

50 minutes ago, Sarah18 said:

No I add a copy of death certificate on it. When I filled for my mom I mention a name of all my brother and sister including my death sister. I will wait to see if there ask something else. The application have been accepted and is currently under review.

Please keep us posted if you can. We have never uncovered a direct line for grandparents to petition for grandkids unless there was legal adoption. Even if death of the parents occurred there doesn't seem to be an option, outside of adoption, for grandparents to grant immigrant benefits to grandkids.

 

[SusieQQQ 11,586]

2 hours ago, Unlockable said:

 

Please keep us posted if you can. We have never uncovered a direct line for grandparents to petition for grandkids unless there was legal adoption. Even if death of the parents occurred there doesn't seem to be an option, outside of adoption, for grandparents to grant immigrant benefits to grandkids.

 

There is no direct line, for either an LPR or USC to file for a grandchild.
 

Which relatives may I petition for?
A U.S. citizen can file a petition for the following relatives:

•  Husband or wife;
• Children, married or unmarried.
A U.S. citizen who is at least 21 years or older may also petition for the following relatives:
• Parents;
• Brothers or sisters.
When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

 

As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.

You may petition for the following family members:

Spouse (husband or wife)

Unmarried children under 21

Unmarried son or daughter of any age

 

https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

[nastra30 2,284]

4 hours ago, Sarah18 said:

No I add a copy of death certificate on it. When I filled for my mom I mention a name of all my brother and sister including my death sister. I will wait to see if there ask something else. The application have been accepted and is currently under review.

You just gave USCIS free money. This is not a valid petition because you can't petition grand kids. Your case will be denied, unfortunately. Keep us posted.

Edited May 8, 2022 by nastra30

[Southern_Belle07 146]

19 hours ago, Tee and Megan said:

Hello all!

My apologies if this has been asked before--but my search efforts aren't finding anything. We are working on bringing my mother-in-law to the US and eventually getting her citizenship. WAAAY down the road--we were just curious if it would ever be possible for her to petition, as a USC for one of her grandchildren to join her in the US? 

Thank you all so much for all your help on our immigration journey. We don't know what we'd to without VJ!

Peace be with you

 

Megan 

No. Please refer to uscis.gov for eligibility categories