Sunday, December 4, 2011

What is the procedure for allowing an immediate relative to come to the us with two minor children?

I want to file an I-130 petiton for my mother. I am a USC over 21. She has two minor children that she does not want to leave behind. I understand that no derivative beneficiaries are allowed under the immediate relative category but is there some sort of exception that allows my mother to bring her two children with her when she immigrates? What is the procedure and forms needed to achieve this?|||This is one alternative I know of ! Your mother may have to come alone at first, and file I- 485 together with I-824. This is a qualifying category of I-485 (green card) . If the spouse or child is residing abroad,, the person adjusting status in the United States should file the form I-824 Application for Action on an Approved Application or Petition,concurrently with the Principal's Adjustment of Status application to allow the derivates to immigrate to the United States without delay!


However there may be another way around this! K-1 fiance has K-2 to bring children over to the US. I don't see any reason why your mother cannot bring her minor children!!!


Sorry I could not be anymore help! Try looking into the family reunion immigration benefits online!|||There is no exception to the rule that a parent of a US citizen cannot bring derivative children. If you do file for her and she comes to the US, as soon as she becomes an LPR, she can file an I-130 for her minor children, but that will take several years to process to completion. During that time, unfortunately, the children would be separated from your mother. You can also file separately for your siblings (anyone who has at least one parent the same as you), but that process takes even longer (usually around 12 years).|||Sounds like your mom and kids are a good candidate for an entry visa. However, since 9-11 immigration visa's are harder to get for obvious reasons. I would recommend hiring an INS attorney to help with the filing of forms. If you wish to do it yourself go the link below and first familiarize yourself with the application process. It is important that you submit your application with all the necessary documentation they require or else it will be sent back.





Hope this helps.


Joe www.BailYes.com

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