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Dependents of O1 visa holder - adjustment of status i485

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  • Dependents of O1 visa holder - adjustment of status i485

    I have 3 kids and we are all here on O3 visas as dependents on my legal husbands O1 visa.
    If my green card is denied but his approved, would theirs be denied with mine or approved with his..?

  • #2
    I guess every dependent case is evaluated. They can deny yours and approve theirs.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      If your kids are on your application, they will be denied too. However, they have the right to apply again because of their father.

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      • #4
        Who is the principal beneficiary of the green card case? If your husband is the principal beneficiary, and you are a derivative beneficiary, then you being denied a green card (or you not getting a green card at all) does not affect another derivative beneficiary's ability to get a green card. Each derivative beneficiary only depends on the principal beneficiary getting a green card.

        Of course, I don't know why you think a derivative beneficiary's case would be denied at all. Generally, as long as the principal beneficiary qualifies, the derivative beneficiaries automatically qualify, unless there is some question about the genuineness of the relationship, or the derivative beneficiary was not eligible to apply to begin with due to their immigration status or history, which would have been apparent when applying in the first place.

        This is my personal opinion and is not to be construed as legal advice.

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