Does a derivative beneficiary need to file I-130 while in the US?

[abimbola82 0]

I am filing AOS for my mom while she is in the US. My brother is here as well and he is under 21. Do I have to file a sepearte I-130 for him? I dont think I do becuse I am no directly petitioning for him. I know he can file the I-485 co-currently with my mom.

Also, I do have to file a seperate affidavit of support for him as well?

Thanks,

Abby

[aleful 1,905]

I am filing AOS for my mom while she is in the US. My brother is here as well and he is under 21. Do I have to file a sepearte I-130 for him? I dont think I do becuse I am no directly petitioning for him. I know he can file the I-485 co-currently with my mom.

Also, I do have to file a seperate affidavit of support for him as well?

Thanks,

Abby

not true, siblings aren't derivatives on parents petitions, siblings are filed separatly, and also, siblings don't qualify to adjust status in country, they go through consular processsing and the petition takes more than 10 years.

read the guides to understand the process. he has to leave before he overstays.

[abimbola82 0]

not true, siblings aren't derivatives on parents petitions, siblings are filed separatly, and also, siblings don't qualify to adjust status in country, they go through consular processsing and the petition takes more than 10 years.

read the guides to understand the process. he has to leave before he overstays.

Please read what I got from USCIS

Do I have to file a separate I-485 for every member of my family if I am the principal beneficiary of an approved Alien Petition?

Yes, you must file a separate I-485 application for every member of the family that is applying for adjustment of status in the United States.

If I am adjusting my status in the U.S., how do I apply for my family member, who is a derivative of my approved I-130 and resides abroad?

If your spouse or child is residing abroad, and you are adjusting status in the United States, you should file the Application for Action on an Approved Application or Petition (Form I-824). You should file it at the same time you file your adjustment of status application to allow your family to immigrate to the United States without delay, if your adjustment of status application is approved.

Note: Children of of beneficiaries of immediate relative petitions are not derivative beneficiaries. A separate From I-130 petition must be filed for the child by the petitioner or beneficiary.

He is my sibling but he is applying under my mom as his son. He is under 21 and unmarried.

[aleful 1,905]

Please read what I got from USCIS

Do I have to file a separate I-485 for every member of my family if I am the principal beneficiary of an approved Alien Petition?

Yes, you must file a separate I-485 application for every member of the family that is applying for adjustment of status in the United States.

If I am adjusting my status in the U.S., how do I apply for my family member, who is a derivative of my approved I-130 and resides abroad?

If your spouse or child is residing abroad, and you are adjusting status in the United States, you should file the Application for Action on an Approved Application or Petition (Form I-824). You should file it at the same time you file your adjustment of status application to allow your family to immigrate to the United States without delay, if your adjustment of status application is approved.

Note: Children of of beneficiaries of immediate relative petitions are not derivative beneficiaries. A separate From I-130 petition must be filed for the child by the petitioner or beneficiary.

He is my sibling but he is applying under my mom as his son. He is under 21 and unmarried.

you aren't reading correctly. first the person has to qualify to adjust status in country. that is general information, but it does not say who qualifies.

your brother isn't derivative. read, it's talking about the child of your spouse, not your parent's child, your sibling.

it's relatate to a spouse and the spouse and child have to qualify to adjust status.

your mom is an immediate relative, your sibling isn't because he has to wait over 10 years.

read the guides that are on this forum to see who qualifies to file councurrently.

she is not applying, you are applying for your mom and your brother, your brother doesn't qualify as derivative.

[Harpa Timsah 13,258]

Aleful is correct. Your brother is not a derivative. You would file separately for mom and brother. Your brother would not be able to immigrate for around 10 years. Your mother could petition your brother later when she is LPR but they do not immigrate together.

The information you quote does not apply to your situation.

[milimelo 4,245]

Moving to AOS from tourist, student, work visa.