If you’re fascinated by Greece’s beautiful views and rich history, it’s important to understand the visa rules for visiting. The Greece visa requirements guide will help you know what you need to do to make your trip to Greece happen, while the Children Immigration from Nigeria guide can help families understand how children can immigrate with their parents. This guide makes the process easier by explaining how children can join their immigrant parents, including eligibility, required forms, and possible challenges.
Starting the Immigration Process: Key Forms
To start the journey towards becoming a U.S. lawful permanent resident (LPR), a relative or employer must file a petition:
- Family-Based Cases: USCIS Form I-130
- Used by U.S. relatives to establish the family connection.
- Employment-Based Cases: USCIS Form I-140
- Used by employers to sponsor foreign workers.
- Special Immigrants and VAWA Cases: USCIS Form I-360
- Used for special circumstances, like widows of U.S. citizens or victims of abuse.
- These forms can be downloaded for free, but filing fees typically apply.
Family Beneficiaries: Children Immigration from Nigeria
Understanding how children can immigrate to the U.S. as derivative beneficiaries of their parents is essential for families navigating the immigration process. The rules governing this process are complex and vary based on the type of visa under which the parent is applying.
Key Requirements for Derivative Beneficiaries
To qualify as a derivative beneficiary, a child must meet two primary criteria:
- Legal Definition of “Child”: Under U.S. immigration law, a child is defined as an unmarried individual under 21 years old. This includes biological children, adopted children, and stepchildren provided the marriage occurred before the child turned 18
- Eligibility of the Parent: The parent must be eligible for an immigrant visa that allows for derivative beneficiaries. This typically means that the parent is not classified as an immediate relative of a U.S. citizen, as this category does not permit including children as derivatives.
Immediate Relative vs. Preference Categories
- Immediate Relative Category: This includes U.S. citizens’ parents, spouses, and unmarried children under 21. In this category, children cannot be included as derivatives; they require separate petitions (Form I-130) to immigrate.
- Preference Categories: For individuals in family-based or employment-based visa categories that are not classified as immediate relatives, children can be included as derivatives in the same petition. This allows them to receive lawful permanent resident (LPR) status based on their relationship with the lead beneficiary.
Exceptions and Special Cases
Certain exceptions exist within these categories:
- Widow/Widower Cases: If a widow or widower self-petitions using Form I-360, their unmarried children can be included as derivative beneficiaries.
- Abused Spouse Cases: Similar rules apply for children of self-petitioning abused spouses, although this area of law is complex and often requires legal consultation.
Age Considerations
The Child Status Protection Act (CSPA) allows children who turn 21 after an application is filed to retain their status as children for immigration purposes, thus preventing them from aging out of eligibility.
Impact of LPR Petitioners Becoming U.S. Citizens
When an LPR petitioner becomes a U.S. citizen, the dynamics change. For example, a sponsored spouse moves to the “immediate relative” category, which disallows bringing derivative children. In this case, alternative routes must be considered:
- If the couple married before the children turned 18, the U.S. citizen can file separate I-130 petitions for each child.
- If the child was 19 or older at the time of the marriage, they might need to wait for an I-130 petition from the LPR parent under the second preference category, subject to visa limits.
Understanding the complexities of derivative visas is essential for a smooth immigration process. This children immigration from Nigeria guide offers an overview, but consulting with immigration professionals is crucial for personalized advice. Making sure children can join their parents is a critical step in achieving the dream of immigrating as a family. For tailored assistance, seek the guidance of an experienced immigration attorney.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your children’s travel to join you in the US straightforward and successful. Whether you’re applying for an IR-2 Visa or H-4 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for their children to join them in the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
