Can grandma file for me?

Jamaica Gleaner - - ENTERTAINMENT - Dahlia Walk­erHunt­ing­ton Dahlia A. Walker-Hunt­ing­ton is a Ja­maicanAmer­i­can at­tor­ney who prac­tises im­mi­gra­tion law in the United States; and fam­ily, crim­i­nal and per­sonal in­jury law in Florida. She is a me­di­a­tor, ar­bi­tra­tor and spe­cial mag­is­trate in Browar

Dear Mrs Walker-Hunt­ing­ton, I would like to know if my grand­mother, who is fil­ing for my mom, can at­tach my sis­ter and me (both over the age of 21). Does she at­tach our names on my mom’s I-130 form, or does she have to do sep­a­rate ones for each of us? Also, would the pro­cess­ing time for all three of us be the same? - SB

Dear SB, In 99 per cent of sit­u­a­tions, in or­der for a per­son to mi­grate to the United States (US), they need a spon­sor. That spon­sor has to be ei­ther a fam­ily mem­ber or an em­ployer/or­gan­i­sa­tion.

As a fam­ily mem­ber, a US cit­i­zen can file for their spouse, un­der-21-year-old chil­dren, their mar­ried and un­mar­ried sons and daugh­ters (over 21 years old) and their sib­lings. Green-card holder fam­ily mem­bers (law­ful per­ma­nent res­i­dents) can file for their spouses, un­der-21-year-old un­mar­ried chil­dren and over- 21-year-old un­mar­ried sons and daugh­ters.

If a per­son is not in one of the above cat­e­gories, they can­not file a fam­ily pe­ti­tion.

When a par­ent files for his son or daugh­ter and there is a grand­child, that grand­child is con­sid­ered a de­riv­a­tive ben­e­fi­ciary if they are un­der 21 years of age when the visa is avail­able. If the grand­child is over 21 years old, they can­not travel with his par­ent. They are con­sid­ered to have ‘aged out’ and the par­ent must then file a sep­a­rate pe­ti­tion for their child — if el­i­gi­ble. In your sit­u­a­tion, your grand­mother can­not file a sep­a­rate pe­ti­tion for you or your sis­ter. If you were un­der 21 years of age, you could have been at­tached to your mother’s file. In this in­stance, your mother has to file two sep­a­rate pe­ti­tions for you and your sis­ter once she be­comes a green-card holder. How­ever, while your mother is a green­card holder, dur­ing the fil­ing of her daugh­ters’ pe­ti­tions, if ei­ther of you gets mar­ried, the pe­ti­tion will be voided be­cause a green-card holder can­not file for a mar­ried son or daugh­ter.



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