Immigrant visa granted but issue with husband and 13 year old daughter
Jul 13th 2015, 2:27 pm
#31
Joined: Dec 2001
Location: Dixie, ex UK
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
They often are, but not in this type of case. The US citizen petitioned for her mother. (IR5) IR5 is exempt priority dates, but the child of the IR5 cannot piggyback because there is a separate classification for siblings in the 4th family preference.
The US citizen's sister would be an F41. The F41 is subject to priority dates and a decade + wait at the moment which would be over 20 years for someone from the Philippines.
The US citizen's sister would be an F41. The F41 is subject to priority dates and a decade + wait at the moment which would be over 20 years for someone from the Philippines.
Jul 13th 2015, 2:31 pm
#32
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
I understand that children each need their own visa. 
I meant if a visa is processed for an adult, their children can (I say "can" not "would" because a non-custodial divorced parent wouldn't be taking the child(ren) with them) be automatically approved for a derivative visa. No?
I meant if a visa is processed for an adult, their children can (I say "can" not "would" because a non-custodial divorced parent wouldn't be taking the child(ren) with them) be automatically approved for a derivative visa. No?Rene
Jul 13th 2015, 2:33 pm
#33
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
Rene
Jul 13th 2015, 2:36 pm
#34
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
Immediate Relatives like a parent get quite a few benefits, what they do not get is derivative beneficiaries, children being the obvious one.
Sort of makes sense if you think of it.
Sort of makes sense if you think of it.
Jul 14th 2015, 9:05 am
#35
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
That quirk is ensconced in the organic statute [aka "Immigration & Nationality Act of 1952, as amended" usually referred to as the "INA" or "Act"].
Once had a case where a newly minted [e.g. naturalized] US citizen wanted to sponsor her 19 year old unmarried daughter as a "child." The child was a a single mother. The "child" fit within both the "immediate relative" and what First Preference [now known as "FB-1"] classification. We sought to elect to use P-1 in order to sweep in the client's grandson. Pursuant to State's FAM, daughter was required to use to the IR classification. We were able to physically bring in the grandchild in fairly short order but the actual admission to LPR was delayed several years.
OP has an unfortunate situation. There are things that perhaps could have been taken care of quite some time ago, but OP chose not to explore those avenues.
Jul 14th 2015, 9:20 pm
#36
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
Jul 14th 2015, 10:15 pm
#37
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
Rene
Jul 20th 2015, 9:57 pm
#38
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Location: Texas
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Re: Immigrant visa granted but issue with husband and 13 year old daughter
Such a sad chain of events but hopefully others can learn from the mistake and avoid making such a mistake.
I hope it acts as a resource for others to learn from.
I hope it acts as a resource for others to learn from.
