sagar2704

2 hours ago, aaron2020 said:

Note:  As an derivative beneficiary, you can follow-to-join (come after) or accompany the principal beneficiary.  It does not say you are allowed to enter before the principal beneficiary. 

 

https://www.uscis.gov/sites/default/files/USCIS/About Us/Electronic Reading Room/Customer Service Reference Guide/Permanent_Residents_Fam.pdf

 

Who is a derivative beneficiary? A derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.

 Understood ...thanks for the explanation ...it was helpful  

Thanks guys..is there any link/document provided by USCI which can give more information about this!!?

I have F4 visa under process for my family which was initiated by my father's sister(she is US-citizen). and PD is 10th dec 2004.

My question is lets say our PD becomes current by end of 2017(approx). So once we get the visa Can I travel to US without my father!? or I can migrate US only with/After my Father migrate!?  

As far as I know the visa will be valid for 6 month from the approved date. So Is it possible/allowed that I migrate to US as soon as I get the Visa and My parents migrate there after 5 months!?

He confuse about the approved data. you can check your approved date on this link https://egov.uscis.gov/casestatus/landing.do

you are right. I was confused about approved date. But I got it confirmed now. So I-30 was approved by September-2009. And we submitted the petition by December - 2004

Are you sure the petition has not been approved for so many years ? If true, this gives him huge CSPA benefit. What is his Priority Date (or when the petition was filed) ? December 2004 ?

yes I am sure petition was filed in December 2004. Wait time is going to be 13 years approx in our case

Petition approval date is expected in Jan 2016 (which passed 7 months ago) or priority date will be current ? Important point is when petition got approved if it did, because that is the time that is subtracted from his age at the time PD became current.

I am extremely sorry for this typo mistake ...Petition approval date is expected in Jan 2017 not jan 2016

No. Either CSPA applies to him or not. If it doesn't, no form is going to help him,

yes CSPA does apply to him as given below.

Date of birth: 27-apr-1992

Priority Date: 1st-des-2004

Approval Date : this is expected on or after 01-Jan-2016

visaBulletin current date : 01-May-2004

according to CSPA Calculator his actual age when visa will get available is 24.7 yrs and his CSPA age is 12.7 years

No. Either CSPA applies to him or not. If it doesn't, no form is going to help him,

I am a US Citizen(originally from India). I have filled for my brother's family visa in dec-2004. At that time my brother's son was 12 year old. So now he is 25 year old.

so do we need to fill any form or do any procedure for my brother's son BEFORE priority date becomes current!? if yes than what it is and who can do that shell I do it by myself from US or this is something they have to do from India.

Or is there any procedure or form we have to fill up AFTER their priority date becomes current.

Because Mt brother asked this same query in one of India's local newspaper and he got the answer that there is a form which they(my brother in India) will require to submit before their priority date becomes current if they don't do it their son's name will automatically discarded from the list of family members since he is already crossed 21. I just want to confirm whether it is fact or not.And this is the only platform I trust the most. Hope will get some accurate info from here.