Can Green Card application be revisited/reinstated/revived for children?

M

modibo

New Member
I am a green card holder. When I filed the I-140, I included my children, but when it was approved and was changing my stratus, they were not too keen on coming to the US. They live in Canada. Now they would like to come. Can I reapply for them based on my I-140 approval? They are now 21 and 23 years.
 
From my understanding, if it was longer than a year ago, no. There are also aging out considerations. You can file for them under F2B, sons and daughters over 21 of LPRs, as long as they remain unmarried.
 
SusieQQQ said:
From my understanding, if it was longer than a year ago, no. There are also aging out considerations. You can file for them under F2B, sons and daughters over 21 of LPRs, as long as they remain unmarried.
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Thank you very much SusieQQQ.
 
modibo said:
I am a green card holder. When I filed the I-140, I included my children, but when it was approved and was changing my stratus, they were not too keen on coming to the US. They live in Canada. Now they would like to come. Can I reapply for them based on my I-140 approval? They are now 21 and 23 years.
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Derivative beneficiaries can immigrate at any time after the principal beneficiary, as long as the principal beneficiary remains a permanent resident, and there is a visa number available for the principal beneficiary's category and priority date. There is no time limit to follow to join. However, in thsi case they've aged out and are no longer derivative beneficiaries. CSPA also doesn't help since CSPA only applies if they "sought to acquire" a visa within 1 year of it becoming available.
 
newacct said:
Derivative beneficiaries can immigrate at any time after the principal beneficiary, as long as the principal beneficiary remains a permanent resident, and there is a visa number available for the principal beneficiary's category and priority date. There is no time limit to follow to join. However, in thsi case they've aged out and are no longer derivative beneficiaries. CSPA also doesn't help since CSPA only applies if they "sought to acquire" a visa within 1 year of it becoming available.
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Thanks a lot, newact. I guess the only option now is to file for them under the F2B as SusieQQQ advised.
 
I have one other question/concern for you both (newacct and SusieQQQ).
If I file for my children under F2B right now, visa numbers become available for them in about 6 years' time, approximately. I will be a US citizen by then. In that case will they still be considered under F2B, or under F1 (unmarried sons and daughters of US Citizens)? What are the consequences? Will their applications be moved to join the F1 queue, if so where do their applications join?
Thanks.
 
modibo said:
I have one other question/concern for you both (newacct and SusieQQQ).
If I file for my children under F2B right now, visa numbers become available for them in about 6 years' time, approximately. I will be a US citizen by then. In that case will they still be considered under F2B, or under F1 (unmarried sons and daughters of US Citizens)? What are the consequences? Will their applications be moved to join the F1 queue, if so where do their applications join?
Thanks.
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They would move to F1, but you can ask to retain f2b if the priority dates are earlier, as they are now.
 
At what time during the application process can I make this decision or request for my children to remain in F2B if I so decide?
Thanks, as always.
 
modibo said:
At what time during the application process can I make this decision or request for my children to remain in F2B if I so decide?
Thanks, as always.
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Well you obviously first need to be a citizen to even have that option, it would be after that
 
SusieQQQ said:
They would move to F1, but you can ask to retain f2b if the priority dates are earlier, as they are now.
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Dear SussieQQQ
I am coming back to this very issue once again since I became a citizen about a month ago. I would like my dependents' application to remain in the F2B category. Please, how do I go about letting USCIS know they should not move them to F1 category. Thanks.
 
modibo said:
Dear SussieQQQ
I am coming back to this very issue once again since I became a citizen about a month ago. I would like my dependents' application to remain in the F2B category. Please, how do I go about letting USCIS know they should not move them to F1 category. Thanks.
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You write them a letter. Google “retention of F2B” for some examples

and congratulations on your citizenship!
 
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