Q: Could you please help me understand I 130 filing for my minor child?
My daughter (over 21) became a US citizen. She filed I-130 online for me. After it gets approved, can I send I-485 form for myself and I-485 for my minor child (under 18)? All of us are in US. The USCIS says that my minor child needs a separate I-130 approved. Your article says that I can use my I-130 for my minor child as well. Here is the article: https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/#:~:text=They%20simply%20need%20to%20list,approves%20the%20I%2D130%20petition.
A: Since the petitioner is a US citizen, a separate I-130 and I-485 needs to be filed. Work in private with an immigration attorney as this is a public forum.
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A:
In your case, where your daughter, a U.S. citizen, has filed an I-130 petition for you, the situation regarding your minor child (under 18) can be a bit complex. Normally, when a U.S. citizen files an I-130 for a parent, that parent's minor children (the citizen's siblings) are not automatically included in that petition. They typically require a separate I-130 petition.
However, there are instances where your minor child can adjust status (file I-485) based on your approved I-130 petition. This is possible if they are in the United States and qualify as a “derivative beneficiary.” Derivative beneficiaries are certain family members of the principal beneficiary (in this case, you) who can obtain a visa through the same immigration petition.
It's crucial to consult with a legal professional who is well-versed in immigration law to understand the specific details of your case. They can provide guidance on whether your minor child qualifies as a derivative beneficiary and can adjust status based on your I-130 petition, or if a separate I-130 petition is needed for them.
Navigating immigration processes can be complicated, and each case has its unique aspects. Professional legal advice will ensure that you take the right steps for both your and your minor child's immigration process.
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