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I am a US citizen and filed for an F4 Visa for my sibling and her unmarried daughter on the original petition. It is time to start the Visa creation process. However my niece now has a newborn child, what can we do to add my grandniece to the case so the baby can go with them and what is the process? The church charity said for my sibling and niece to request a humanitarian visa at the time of their interview but I read that humanitarian visas are only valid for 2 years. If that's the case then does my niece as a green card holder during those 2 years would have to file form I-864 to petition for her daughter for a green card to stay permanently?
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Only the spouse and unmarried under-21 children of the principal beneficiary can immigrate as derivative beneficiaries. You cannot immigrate as a "derivative of a derivative". Once the daughter enters the US with her immigrant visa, she can immediately petition her child to immigrate, as the unmarried under-21 child of a permanent resident, in the F2A category. However, it may take 2+ years until the baby can get their immigrant visa. It might be a good idea for the daughter to apply for a Re-entry Permit while in the US, do the biometrics, and then return abroad to be with the baby. The Re-entry Permit will allow her to be abroad for longer with less risk of abandoning her residence.
This is my personal opinion and is not to be construed as legal advice. -
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