Looking for an Easier Way to Immigrate? Contact Us Today!

Are you looking to immigrate to the U.S. with your children? At our law offices of immigration in Los Angeles, we believe in reuniting and keeping families together. In America, one in every four children lives in an immigrant family. According to the American Academy of Pediatrics, nearly 90% of children are born in the U.S. or are citizens overall. The statistics seem promising, but the immigration process is not always fair.

Each immigration case is drastically different for beneficiaries with children. Most clients who refer to our attorney for petitioning families in LA for legal advice want to know how their children can stay with them if they come to the U.S.; or get them here if one parent is already living in the country.

Becoming a lawful permanent resident (LPR) requires an employer or relative to petition on the immigrant’s behalf. The U.S. Citizenship and Immigration Services (USCIS) must verify the family or employment relationship between the petitioner and beneficiary.

What is a Petitioner: A person making a formal application or petitioning on your behalf (employer or relative).

What is a Beneficiary: A person who receives benefits from the petitioners’ actions (immigrant pursuing LPR status).

In this article, we explain how children can get admitted by qualifying as a derivative.

Pay Attention to Required Forms

USCIS Form I-130 (Petition for Alien Relative) is for family-based cases, and USCIS Form I-140 (Immigrant Petition for Alien Workers) is employment-based. To begin the process for your immigrant visa petition, you must fill out the form that pertains to your situation.

USCIS Form I-130: A family immigration lawyer in LA would recommend that you use this form if you are a citizen or LPR and must establish your relationship with an eligible relative hoping to live in the U.S. permanently. This form is the first step to help eligible relatives apply to immigrate and get a green card. Keep in mind that filing alone or application approval does not mean your child is getting a change in status or benefits. Instead, the beneficiary can apply to become an LPR. If ineligible, they have to wait until a visa number is ready.

USCIS Form I-140: An attorney recommends you use this form if you hope to petition to classify a beneficiary to be eligible for a visa. Required and supporting documents should be submitted on time. Several via applications fall under this category based on your ability and the nature of the job. If your child is under 21 years old, you can submit Form I-485 while your employer files I-140. If you have questions about qualifications, give us a call.

Two Different Categories of Family Beneficiaries

Children can immigrate or adjust their status alongside a parent if eligible for a visa or green card as either of the following:

• Derivative beneficiary – petition filed for the lead beneficiary (parent), or
• Lead beneficiary – when the petition is filed for the child directly.

When Can Children Immigrate as Derivative Beneficiaries?

Two requirements need to be met for a child to be a derivative beneficiary.

According to an LA lawyer for immigrant families, your son or daughter needs to qualify per Immigration law’s legal definition of “child.” This means:

• Younger than 21 years old
• Biological, adopted, or stepchild
• Unmarried

The criteria must remain from the moment the initial petition is filed, through approval for residence or visa.

The second qualification regards the lead beneficiary. Parents need to be eligible for an immigrant visa that is applicable for derivative beneficiaries. Per USCIS requirements, it must allow “the right” for relatives to join you. According to immigration law, derivative beneficiaries can receive LPR status because of their relationship with the lead beneficiary, compared to the petitioner.

Family-based immigration can be tricky. Not all family members are eligible to come to the U.S. as a derivative beneficiary. For example, parents of a U.S. citizen or the spouse’s extended family will not qualify. Instead, it may be best to consult with an experienced law firm to decide which visa preference is best.

What Happens When LPR Petitioners Become U.S. Citizens?

Immediate relatives of U.S. citizens cannot bring derivative children when they are initially immigrating to the country. However, if an LPR considers becoming a citizen after submitting a petition to sponsor, the circumstances could be different. The first step, in this circumstance, is naturalizing first. Once a citizen, the spouse would officially be considered as an immediate relative. But, the child would not qualify to come. When you proceed with the citizenship application, you and your spouse have to discuss other ways for the child to arrive via an immigrant visa. Again, it depends on the criteria and if your son or daughter meets the two requirements listed above.

For instance, a child might qualify as a beneficiary when the parents get married before turning 18. In situations regarding stepchildren, the parent residing in the U.S. could submit Form I-130s for him or her. Any child over 18 would legally not get considered as a child. They need to wait until the parent (new LPR) sponsors them through a second preference (family-based visa) category. Overall, the best thing to do is search for an attorney to petition a family member in Los Angeles before making a big decision. Any misstep might delay how soon you reconnect with your loved one.

Grey Law Immigration Can Help You Achieve Your Family-Based Green Card

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.