When can children immigrate with their parents as derivatives?

When can children immigrate with their parents as derivatives?

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Once a person obtains a Lawful Permanent Resident status (LPR) they may be interested in seeking this legal status also for their children. How can they proceed? The answer is that it depends on each personal case.

On occasions, the children can be included by naming them on their parent’s visa petition if they qualify as derivatives, but this is not always possible. According to the USCIS (United States Citizenship and Immigration Services), “a derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship”.

How can children immigrate at the same time as their parent(s)?

Children can immigrate at the same time as a parent if they are eligible for an immigrant visa, either as a:

• Derivative beneficiary when the parent is the lead beneficiary;
• When the child is the lead beneficiary in his or her own right and the petition was filed directly for the child.

Under US immigration law, children are those considered unmarried, under 21 years old and can be biological, adopted or stepchildren. They also have to remain unmarried all the way through approval for US residence and/or entering the country on an immigrant visa.

In addition, the parent, or lead beneficiary, must be eligible for a type of immigrant visa that allows for derivative beneficiaries, which means some relatives have the right to join him or her as beneficiaries. This allows the beneficiaries to receive LPR status.

In the case that a lawful permanent resident becomes a US citizen, their immediate relatives will not be able to bring derivative children when immigrating. This is why it is important to seek orientation from an immigration lawyer before filing for citizenship or filling out immigration forms.

Immigration attorneys in California will be able to assist you throughout your immigration process and will know how to guide you if you have children or family members who would like to immigrate as well and determine which route will be the best one for you to take.

What is the difference between a US Citizen and a Legal Permanent Resident filing a petition for a child?

It is important for you to know that a US Citizen has to file a separate petition for a child, whereas a Legal Permanent Resident can include the children in the same petition.

Nonetheless, it is easy to figure out when a relative is eligible for a type of immigrant visa that allows for derivative beneficiaries because ONLY ONE immigrant visa does NOT allow it, which is the so-called “immediate relative” category that includes a US citizen’s parent’s, spouse and unmarried children under 21 years of age.

Therefore, people who immigrate in the first, second, third or fourth visa categories can all bring their unmarried children in the same visa petition.

When a child petitions a visa on their behalf they will need to establish a direct family relationship with the petitioner.

Contact Kannan Law today for an appointment if you have questions about your immigration to the United States, we’ll be happy and ready to help!