baby born before visa approval

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rickynon

New Member
My sister filed a petition for me and my family in 1987. I have three kids, the eldest is now 29 2nd is 25 and youngest at 20. Lately, we have been receiving many correspondences with the Nat'l. Visa Center and I have been submitting various documents. lastly, we are required to submit Affidavit of Support and Application for Visa, together with the payment. The problem is that my youngest daughter gave birth last Dec. 12, 2008, a single parent. Can I declare the additional baby in our petition? Can it affect our petition, particularly my dauther if I will not declare it. What are the chant want to leave her baby but she wants to go to U.S.A.What are the chances that we can bring along my grandson? Please help us. My daughter doesn't want to leave her son but she wants to go to U.S.A. I feel that the visa approval is within the year.
 
The grandson can't come with your daughter.

What might work is for you to become a citizen (while your daughter and her child remain outside the US during the intervening years), then file for your daughter with the grandson as a derivative beneficiary. The key to this is whether the priority date for the old I-130 can be ported to the new I-130 you would file for her. If it can be ported, she and her son would be immediately eligible for a green card when you file the new I-130.
 
since the daughter is unmarried, one of the parents can file I-130 as soon as they become a resident. No need to wait for citizenship.
 
LucyMO said:
since the daughter is unmarried, one of the parents can file I-130 as soon as they become a resident. No need to wait for citizenship.
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I don't think the grandson can be included if the parent sponsoring is not a citizen.

However, it does make sense to file the I-130 right away, because when the parent becomes a citizen the category can be upgraded while maintaining the priority date (i.e. the priority date of when the parent files the I-130 in 2009 or 2010, not necessarily the original 1987 priority date which I don't know if it can be ported).
 
Your children have aged out, so they will not get GCs when you get yours. So in order to bring your grandchild to the US, you will first need to sponsor your daughter once you move to the US.

rickynon said:
My sister filed a petition for me and my family in 1987. I have three kids, the eldest is now 29 2nd is 25 and youngest at 20.
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TheRealCanadian said:
It's an interesting question. All I've ever seen is the term "unmarried" - I've never seen any explicit prohibition against children being derivative beneficiaries.
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The wording is not really clear. I found the text below on the USCIS web site. The fact that they mentioned "and their children" for first preference but did not do the same for second preference seems to indicate that the grandchildren cannot be included, but they don't clearly state that.

http://travel.state.gov/visa/immigrants/types/types_1306.html
* Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)
* Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
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