WHO IS INCLUDED UNDER MY PETITION? PART 2
By Michael J. Gurfinkel, Esq.
In a previous article, I had discussed various types of petitions and the family members who are (and are not) included under those petitions. Here are more petitions and who is included under them.
4. Married Child of U.S. Citizen (F-3):
- Spouse: A spouse is allowed as a derivative beneficiary.
- Children: Children are allowed to be included as derivative beneficiaries.
5. Brother or Sister of U.S. Citizen (F-4):
- Spouse: A spouse is allowed to be included as a derivative beneficiary.
- Children: Children are allowed to be included as derivative beneficiaries.
6. Employment-Based (Labor Certification):
- Spouse: A spouse is allowed to be included as a derivative beneficiary.
- Children: Children are allowed to be included as derivative beneficiaries.
A person’s marital status and the existence of children are important not only at the time the petition is filed, but are also important at the time a person is applying for his or her visa at the embassy or is adjusting status in the U.S. If, after the time that the petition was filed, you got married, your marriage was terminated (through annulment, death, divorce etc.), or you had children, you should make sure to determine how the marriage, or its termination, affects your petition, and whether or not these family members are, or can be, included with the petition. In some cases, beneficiaries hide, or do not declare, the existence of these “after-acquired” family members when being processed for their visa, by continuing to claim that they are “single and childless.” However, there are petition categories in which the existence of these family members would not affect the person’s eligibility for a visa, and could even result in these family members being eligible to be processed for a visa with the primary beneficiary under the same petition.
If there have been any changes in circumstances in regards to your marital status or existence of children, you may wish to seek the advice of a reputable attorney, who can evaluate your situation, and perhaps assist you in including these new family members to your petition.
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(This is for informational purposes only, and reflects the firm's opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)
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