El Cerrito, CA asked in Immigration Law for California

Q: Do underage children get visas as derivatives of the Immigrating Parent when American citizen files I-130 for a parent?

Petitioner is an American citizen

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: No. Each child must be petitioned as fourth preference siblings, then wait for the priority dates to become current. That can take years, even decades. If the parent comes first, then this can cause challenges for the children in that they must be separated from their parents. There may have been other petitioners for your parents that allow for derivatives. The immediate relative petition for your parent excludes derivatives.

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