Petitioning for mom and her husband

[yko]

Hi, has anyone had a similar experience. Once a US citizen, my sister wants to petition for our mom to get a green card. Since my mom married her husband after my sister turned 18, he isn't her legal stepdad and thus she can't petition for him. Will my mom have to petition for him eventually or does he get added to her case automatically somehow? Thanks!

[newacct]

Your mom will have to petition her husband after your mom enters the US.

[yko]

Your mom will have to petition her husband after your mom enters the US.

Hi, thank for your response. Are you personally familiar with such type of case? Am I understanding correctly that when a child petitions for actual parents, this child has to petition for each parent individually as the other doesn't automatically get processed?

[newacct]

Hi, thank for your response. Are you personally familiar with such type of case? Am I understanding correctly that when a child petitions for actual parents, this child has to petition for each parent individually as the other doesn't automatically get processed?

There are no derivative beneficiaries in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen).

[yko]

Thanks, everyone. I confirmed my assumption by reading the law here: https://fam.state.gov/fam/09FAM/09FAM050202.html that states "Further, spouses and children of IR5s cannot benefit from derivative status through the principal alien. Spouses who cannot qualify in their own right for IR-5 status, and any children of an IR5, would require the filing of a separate Form I-130 petition (family-based second preference classification) upon the principal's admission to the United States as a permanent resident."