Modern Tools

Can a relative be a son?

Can a relative be a son?

A relative is a person who is part of your family. A relative can be connected to your family through blood or by marriage. If you are a child or grandchild of Maria’s, for example, you are a blood relative of her family. If you marry Maria’s son, you become a relative by marriage.

What happens if I file Form I-130 for my son?

Filing Form I-130 is only step one in a potentially years-long immigration process for a U.S. green card holder’s son or daughter. Upon I-130 approval by USCIS, such a person will be considered a “second preference relative,” in category F2B of the family-based visa preference system.

Who qualifies as a ” son or daughter “?

Who Qualifies as a “Son or Daughter?” Sons or daughters for whom a U.S. green card holder can petition using USCIS Form I-130 include those who once met U.S. immigration law’s definition of a “child,” but who have since turned 21—but who remain unmarried. The definition of “child” for purposes of a visa includes:

Can a child get a visa through a relative?

Unless the child fits the criteria to be legally considered younger than 21 under the Child Status Protection Act (see How the CSPA Helps Family-Based Preference Relatives and Derivative Beneficiaries ), the child will not be able to get a visa through your relative.

What does it mean when a relative legitimates a child?

To “legitimate” a child means to acknowledge that a child is legally yours. Your relative must legitimate the child under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile.

Filing Form I-130 is only step one in a potentially years-long immigration process for a U.S. green card holder’s son or daughter. Upon I-130 approval by USCIS, such a person will be considered a “second preference relative,” in category F2B of the family-based visa preference system.

Can a qualifying relative be someone else’s child?

An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative. Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else’s Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent.

Can a F2A petition be transferred to an immediate relative petition?

However, the priority date cannot be ported from a family-based preference classification to an employment-based preference classification, or vice versa. For example, if a lawful permanent resident files an F2A petition for his spouse and later becomes a U.S. citizen, the F2A approval can be converted into an immediate relative petition.

Who Qualifies as a “Son or Daughter?” Sons or daughters for whom a U.S. green card holder can petition using USCIS Form I-130 include those who once met U.S. immigration law’s definition of a “child,” but who have since turned 21—but who remain unmarried. The definition of “child” for purposes of a visa includes: