Hi. Here's the scenario. Names have been changed.
Fabio is Mexican and got his Residency through amnesty in 1989. He then petitioned for his wife Oralia in 1999. On the wife's petition, she listed her 6 kids as DERIVATIVE BENEFICIARIES. None of her children were petitioned for through individual I-130's.
In 2000, Fabio became a Citizen, and Immigration upgraded the Oralia's petition. In 2001, Immigration finally worked Oralia's case and she and 4 of her kids received their Green Card. 2 of her daughters (the oldest daughters) had then turned 21 and DID NOT receive derivative status.
My question is: Are his 2 daughters considered protected under 245-i even though they were derivatives?
Would Fabio need to file another petition exclusively for both daughters who are now over 21 in order for them to continue in the Immigration process? Or, would Oralia need to file for them?
Oralia is still a Resident but is in the process of becoming a Citizen.
PLEASE INFORM! Thanks!!!
Fabio is Mexican and got his Residency through amnesty in 1989. He then petitioned for his wife Oralia in 1999. On the wife's petition, she listed her 6 kids as DERIVATIVE BENEFICIARIES. None of her children were petitioned for through individual I-130's.
In 2000, Fabio became a Citizen, and Immigration upgraded the Oralia's petition. In 2001, Immigration finally worked Oralia's case and she and 4 of her kids received their Green Card. 2 of her daughters (the oldest daughters) had then turned 21 and DID NOT receive derivative status.
My question is: Are his 2 daughters considered protected under 245-i even though they were derivatives?
Would Fabio need to file another petition exclusively for both daughters who are now over 21 in order for them to continue in the Immigration process? Or, would Oralia need to file for them?
Oralia is still a Resident but is in the process of becoming a Citizen.
PLEASE INFORM! Thanks!!!