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  • Mohan, do you know the ans?

    I have asked this question several times and no one seems to know the answer or even where I can look for the answer. I am a LPR who came as an "immediate" relative (mother of a U.S. citizen), however, initially my minor children were denied a visa because the Embassy said that they were "not derivitive"-what ever that means.
    I then filed for Humanitarian Parole and it was granted so my two children are now with myself and husband in the U.S.. They have enrolled in primary school. The Question is: can they remain in the U.S. until they adjust status via my I-130 petition when their priority date comes up in a couple of years? Thank you for your kind consideration in this matter.

  • #2
    I have asked this question several times and no one seems to know the answer or even where I can look for the answer. I am a LPR who came as an "immediate" relative (mother of a U.S. citizen), however, initially my minor children were denied a visa because the Embassy said that they were "not derivitive"-what ever that means.
    I then filed for Humanitarian Parole and it was granted so my two children are now with myself and husband in the U.S.. They have enrolled in primary school. The Question is: can they remain in the U.S. until they adjust status via my I-130 petition when their priority date comes up in a couple of years? Thank you for your kind consideration in this matter.

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    • #3
      My guess is that you can use Sec 212 (8USC.1182); (B)13/(iii) Exceptions (to aliens unlawfully present). Sub (l) state "Minors-No period of time in which an alien is under 18 years of age shall be acount in determining the period of unlawful presence in the United States under clause (f)"
      and (lll) Family unity-No period of time in which the alien is a beneficiary of family unityselrahcrusuant to section 301 of the ..Act of 1990 shall be taken into determining the period of unlawful preseence in the United States under clause (f). This may or may not apply to your case- see an attorney or e-mail INS and ask at usvisa@state.gov

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      • #4
        Minors are exempted. why they 're not derivitive?

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        • #5
          Yes I agree, but that is the law I am told. It seems strange because they tell me that all family preference catagories treat minor unmarried children as derivitive, as well as, as immigration of spouse and fiance.

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          • #6
            what's derivitive mean?

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            • #7
              You got Immigrant Visa on the basis of Mother of a USC, as such children were not derivative. They fall in category of "Brothers and Sisters of USC - F4". That is why they were denied Immigrant Visa with you. Since, they are minor as such, they are wait and stay here till their priority date become current on your sponsorship.

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              • #8
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