Does a Child of a Green Card Holder Qualify For Derivative Beneficiary? (CR1/CR2 Visa)

07 Jan 2019

I’ve filed for my husband (CR1 spousal visa), and I’m a green card holder. Will his five-year-old daughter qualify for derivative beneficiary?

You will have to file another petition for the child. You will need to file a new I-130 and all the same documents that you filed for your husband, but you can petition for the child. Be forewarned that when a green card holder petitions for a spouse or a step-child, the spousal visa processing time takes substantially longer than if you were a US citizen petitioning for a spouse or step-child. A normal spousal visa timeline is generally under a year. But a spousal visa for an LPR, or legal permanent resident, can take up to two or three years.

If you are eligible to naturalize and become a US citizen, it may save you significant time to naturalize first, and then petition as a US citizen.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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