Green card for Canadian child

[sundhusri]

I would like to get your thoughts on green card processing for my Canada born child. We'are planning to apply for GC under EB1 category as I'm currently under L1A.
Option 1: file GC for my wife and me now and process GC for my son later as my son is currently in India.
Option 2: file for total family now.
Can you suggest one of the options?
Soundarya

 

[baikal3]

I would like to get your thoughts on green card processing for my Canada born child. We'are planning to apply for GC under EB1 category as I'm currently under L1A.
Option 1: file GC for my wife and me now and process GC for my son later as my son is currently in India.
Option 2: file for total family now.
Can you suggest one of the options?
Soundarya

As far as I know, at the immigration petition stage (I-140) you can only apply for yourself anyway. After your I-140 (say under EB1) is approved, you can apply for adjustment of status by filing I-485. At that stage you should definitely bring your son to the U.S. and file I-485 for the entire family (you, your wife and your son). If you do that, your wife and your son will be considered derivative beneficiaries of your I-140 and their green cards can be approved at the same time as yours.

However, if you decide to apply for your son's GC later, after your I-485 is approved, he will not be considered a derivative beneficiary of your I-140. Instead you will have to file an I-130 immigration petition for him (as a minor child of an LPR) and then, after I-130 is approved, you'll need to wait until the "visa number" becomes available, that is, until the family preference 2A category becomes current in the visa bulletin - right now this involves an extra wait of about 3 years. Only after that would you be able to apply for I-485 (or consular processing) for your son.

 

[BigJoe5]

As far as I know, at the immigration petition stage (I-140) you can only apply for yourself anyway. After your I-140 (say under EB1) is approved, you can apply for adjustment of status by filing I-485. At that stage you should definitely bring your son to the U.S. and file I-485 for the entire family (you, your wife and your son). If you do that, your wife and your son will be considered derivative beneficiaries of your I-140 and their green cards can be approved at the same time as yours.

However, if you decide to apply for your son's GC later, after your I-485 is approved, he will not be considered a derivative beneficiary of your I-140. Instead you will have to file an I-130 immigration petition for him (as a minor child of an LPR) and then, after I-130 is approved, you'll need to wait until the "visa number" becomes available, that is, until the family preference 2A category becomes current in the visa bulletin - right now this involves an extra wait of about 3 years. Only after that would you be able to apply for I-485 (or consular processing) for your son.

The above contains some incorrect information. If the principal should adjust status or enter as an immigrant on an Immigrant Visa first, his qualifying spouse and minor children can obtain "follow to join" benefits. He can file an I-824 to obtain the "follow to join" visa for his son after the principal gets his greencard while the son still qualifies and before the prioncipal naturalizes.