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Following-to-join Benefits
I am a US Citizen. I got my citizenship through marrying an American citizen. In 2000, when I got my green card I did not apply for my daugher (at that time she was 2000 years old and she is my daughter from a previous marriage, Brazilian). In May 2008, I was still a permanente resident and I filled a petition for my daughter. I found this "following-to-join Benefits" in the USCIS website. My question is: can I apply for this benefit? Did I get my green card through a "preference classification"? Here is what it says:
"Following-to-Join Benefits
This section is for beneficiaries who became permanent residents through a
preference classification.
If you were married and/or had children who did not obtain permanent residence at
the same time you did, they may be eligible for follow-to-join benefits. This means
that you do not have to submit a separate Form I-130 for your spouse and/or
children. In addition, your spouse and/or children will not have to wait any extra
time for a visa number to become available. In this case, you may simply notify a
U.S. consulate that you are a permanent resident so that your spouse and/or
children can apply for an immigrant visa.
Your spouse and/or children may be eligible for following-to-join benefits if:
The relationship existed at the time you became a permanent resident and
still exists, AND
•You received an immigrant • visa or adjusted status in a preference category.
If your family member falls into this category and you adjusted to permanent
residency in the United States, you may submit the following:
• Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for
immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)
If you are in the United States and have not yet filed to adjust your status to
permanent resident, you can file Form I-824 with your Form I-485, in which case
no supporting documents are needed other than those submitted with Form I-485."
"Following-to-Join Benefits
This section is for beneficiaries who became permanent residents through a
preference classification.
If you were married and/or had children who did not obtain permanent residence at
the same time you did, they may be eligible for follow-to-join benefits. This means
that you do not have to submit a separate Form I-130 for your spouse and/or
children. In addition, your spouse and/or children will not have to wait any extra
time for a visa number to become available. In this case, you may simply notify a
U.S. consulate that you are a permanent resident so that your spouse and/or
children can apply for an immigrant visa.
Your spouse and/or children may be eligible for following-to-join benefits if:
The relationship existed at the time you became a permanent resident and
still exists, AND
•You received an immigrant • visa or adjusted status in a preference category.
If your family member falls into this category and you adjusted to permanent
residency in the United States, you may submit the following:
• Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for
immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)
If you are in the United States and have not yet filed to adjust your status to
permanent resident, you can file Form I-824 with your Form I-485, in which case
no supporting documents are needed other than those submitted with Form I-485."
