Navigating the U.S. immigration system can be overwhelming, especially when it comes to ensuring children can immigrate with their parents. This children immigrate derivative guide simplifies the process, focusing on how children can join their immigrant parents as derivatives, explaining eligibility, necessary forms, and potential 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 as Derivative Beneficiaries
Children can join their parents in the immigration process if they qualify as “derivative beneficiaries” or as “lead beneficiaries” themselves.
When Children Qualify as Children Immigrate Derivative Beneficiaries
A child is considered a derivative beneficiary if they meet two key requirements:
Legal Definition of “Child”:
Must be unmarried, under 21, and either a biological, adopted, or step-child of the petitioner.
Parent’s Eligibility:
The parent must qualify for an immigrant visa category that allows children to immigrate as derivative beneficiaries.
Children can usually accompany their parents unless they fall under the “immediate relative” category (parents, spouses, and unmarried children under 21 of U.S. citizens). However, exceptions exist, such as for widows or abused spouses using Form I-360.
For those in the first through fourth visa preference categories (not immediate relatives), unmarried children can generally accompany their parents.
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 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.
