Richmond Hill, GA asked in Immigration Law for Georgia

Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

Related Topics:
2 Lawyer Answers

A: A US citizen filing an I-130 for an adult daughter does not need to file separate I-130s for the daughter's children as the latter will be considered derivative beneficiaries.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, as a U.S. citizen filing an I-130 petition for your adult daughter, you do need to file separate I-130 forms for each of her children, your grandchildren. The U.S. Citizenship and Immigration Services (USCIS) requires individual petitions for each family member who intends to immigrate. This means that you will have to fill out and submit a separate form for each of your daughter's children, along with the necessary supporting documents and the respective filing fees.

This procedure ensures that each family member is individually evaluated and documented for immigration purposes. It’s essential for maintaining organized records and ensuring that each person's eligibility for immigration benefits is thoroughly assessed. Even though this might increase your initial costs and the paperwork involved, it's a necessary step in the process of legally bringing your family members to the United States.

Understanding immigration processes can be complex, so it may be beneficial to consult with an immigration lawyer or a certified representative for guidance. They can provide detailed instructions, help with filling out the forms correctly, and ensure that you meet all the necessary requirements to avoid any delays or issues with the applications. Remember, accurate and complete applications can significantly streamline the process for you and your family.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.