F4 Visa for sibling and unmarried adult niece now with a newborn child issue

[deuce23 0]

I am a US citizen and filed for an F4 Visa for my sibling and her unmarried daughter on the original petition. It is time to start the Visa creation process. However my niece now has a newborn child, what can we do to add my grandniece to the case so the baby can go with them and what is the process? The church charity said for my sibling and niece to request a humanitarian visa at the time of their interview but I read that humanitarian visas are only valid for 2 years. If that's the case then does my niece as a green card holder during those 2 years would have to file form I-864 to petition for her daughter for a green card to stay permanently?

[Crazy Cat 41,845]

 

Sister cannot add a grandchild to the F4 case.  

Which Family Members Can NOT Accompany the Main Immigrant to U.S. (as Derivatives) | Nolo

"This ability to obtain immigrant visas for one's derivatives does not extend beyond spouses and children. The incoming immigrant cannot, for example, bring in parents, brothers and sisters, or grandchildren."

 

I have never heard of a humanitarian visa such as this.  Your sister's daughter can petition her child only after becoming a legal resident. Maybe other members can offer advice.

Edited June 13, 2023 by Crazy Cat

[SteveInBostonI130 3,434]

The only option I see is for the sister to immigrate and then petition her daughter (your niece) as F2A or F2B, depending on the niece's age.  

 

The niece can add her child (grand-niece) as a derivative.

[Boiler 45,486]

You sponsor your sibling not their children they are derivatives.

 

When did you sponsor, what is the Priority Date

 

How old is their child?

 

Is the daughter married, what about the father?

 

And of course which Country, yes it matters.

[deuce23 0]

3 hours ago, Boiler said:

You sponsor your sibling not their children they are derivatives.

 

When did you sponsor, what is the Priority Date

 

How old is their child?

 

Is the daughter married, what about the father?

 

And of course which Country, yes it matters.

Priority date is 2010 so my niece is now 20 and her child is 1 year old.  Niece is not married and the father is out of the picture.  The country is Vietnam.  The church charity said if there is nobody to take care of the child when the mother and grandmother immigrates then they can try asking the consulate at the time of interview for a humanitarian visa for the baby.  If a humanitarian visa isn't given then if my niece goes with her mother then as a green card holder then she can petition for her baby herself which I think would be faster than having my sister petition for my niece and her baby.  

[Crazy Cat 41,845]

5 hours ago, deuce23 said:

The church charity said if there is nobody to take care of the child when the mother and grandmother immigrates then they can try asking the consulate at the time of interview for a humanitarian visa for the baby.

It doesn't work like that.

[Kanja 201]

6 hours ago, deuce23 said:

Priority date is 2010 so my niece is now 20 and her child is 1 year old.  Niece is not married and the father is out of the picture.  The country is Vietnam.  The church charity said if there is nobody to take care of the child when the mother and grandmother immigrates then they can try asking the consulate at the time of interview for a humanitarian visa for the baby.  If a humanitarian visa isn't given then if my niece goes with her mother then as a green card holder then she can petition for her baby herself which I think would be faster than having my sister petition for my niece and her baby.  

I do not believe this is what a humanitarian visa is for. Is the church assisting you in this process? 

[jan22 3,053]

I'm sorry, but I think your concern about this may be a little early.  You said the Priority Date (PD) was 2010.  The current PD for an F4 is 22 April 2007.  There is still a long wait for a 2010 PD (no matter the month) to be current.  The F4 PD advanced only 1 month in the past 22 months (since September 2021).  Some of that was because of COVID backlogs, but, historically, the PD for an F 4 has only advanced an average of 4-6 months per year.   At the rate the F4 PD has been progressing, it will likely be at least 3 to 5 years before a 2010 PD is current.  A lot can happen in that time period. 

 

Just to double check, are you sure the PD -- the date you filed the petition -- is 2010, or is that the year that USCIS approved the petition?

 

Also, there is no such thing as a humanitarian visa.  USCIS has "humanitarian parole" but it is not used in immigration cases to circumvent immigration law and cannot lead to permanent residency in the US.

[Boiler 45,486]

Assuming the petition date is 2010, the first thing to ascertain is if he daughter will be included, never mind the grandchild, until the PD is current no way of knowing.