Following to join benefits question.

[aljenca 0]

Hello,

I have a question regarding following to join benefits. I'm petitioning my mom who has 3 minor children age 17, 14 and 9. Does these 3 siblings qualified on this following to join benefits?

Thank you very much, your response is greatly appreciated.

Thanks,

Jen

[diadromous mermaid 36]

Hello,

I have a question regarding following to join benefits. I'm petitioning my mom who has 3 minor children age 17, 14 and 9. Does these 3 siblings qualified on this following to join benefits?

Thank you very much, your response is greatly appreciated.

Thanks,

Jen

The Immigration and Nationality Act (INA) provides that the spouse or child of a preference immigrant can often "accompany" or "follow to join" the principal alien.

An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principal’s date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child.

"Following to join" "applies to a spouse or child who derives immigration status and a priority date from a principal applicant spouse or parent" as defined by the statute. There is no time limit for a follow-to-join beneficiary to seek visa issuance and admission.

Retaining the principal alien’s priority date is one of the main reasons that "accompanying" or "following to join" is preferable to filing a separate visa petition. The derivative can use the principal immigrant’s priority date regardless of the length of time between admission of the principal and visa issuance to the beneficiary. Also, derivatives can follow to join even though that they were not named on the principal’s visa petition. Moreover, a derivative beneficiary does not have to actually "join" the principal in the United States; he or she can reside anywhere in the United States.

Legislation adopted in 1986 imposed certain restrictions on immigration benefits obtainable through marriage to a U.S. citizen or a resident alien. Those restrictions do not apply, however, to the spouse or child of a preference immigrant who obtains derivative status upon the approval of the principal alien’s visa petition under one of the preference categories.