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Married sister green card

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  • Married sister green card

    I am (us citizen) filling for my married sisters family. Since the wait times are around 15 years, the time when she gets it she will be in her 40’s. She may not want to come to US that late. That time, can her children only come to US on green card?

  • #2
    No. Derivative beneficiaries cannot immigrate without the principal beneficiary. However, she and the children can immigrate, and then she can immediately abandon her green card after her children have entered the US with their immigrant visas, and it would not affect their green cards. However, there is a chance that her children will have age out by then and would not be able to immigrate as derivative beneficiaries anyway.

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

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