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  • Child of parent of US Citizen

    Can a child under 14 accompany his/her mother if mother's IV is based on IR (Parent of a USC)?

  • #2
    Can a child under 14 accompany his/her mother if mother's IV is based on IR (Parent of a USC)?

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    • #3
      aneri are you there? please respond.
      Thanks

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Young Man:
        Can a child under 14 accompany his/her mother if mother's IV is based on IR (Parent of a USC)? </div></BLOCKQUOTE>

        Nope, sorry. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's immigrant visa processing and benefits.

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        • #5
          Thank you Rough Neighbor. You don't seem "rough".

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Young Man:
            Thank you Rough Neighbor. You don't seem "rough". </div></BLOCKQUOTE>

            "What's in a name? That which we call a rose
            By any other name would smell as sweet."

            From Shakespeare's Romeo and Juliet

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            • #7
              sorry... I took a few days off. I see you got the answer.

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              • #8
                Immediate Relative Petitions do NOT have derivative benefits. In other words, an individual who qualifies as an immediate relative CANNOT immigrate with other family members in derivative status; each family member MUST qualify as an immediate relative in their own right, or qualify in one of the preference categories and wait for their visa number to become current.

                In this case, the American Citizen can sponsor their sibling in the qualifying preference category. It'll be interesting to hear whether the parent in this case actually immigrates WITHOUT her child.

                It seems likes immigrants, both legal and illegal, routinely - and willingly - leave close family members behind in their countries of origin...yet engage in shameless baby-waving whenever the United States decides that they must, for whatever reason, return to their home countries.

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