"Following-to-Join Benefits For Children"
If you immigrated to the U.S. and wanted your children to follow and live with you, you may qualify for "Following-To-Join" benefits and may not have to submit a separate form I-130 to petition if only you as the principal petitioner immigrated to the United States through :
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employment based petition (by employer)
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fiancee visa petition
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family based petition ( by U.S citizen parents or by lawful permanent parents when they were unmarried)
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family based petition ( by U.S. Citizen Brother or Sister)
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diversity immigrant Visa Program ( also known as greencard lottery Visa Program which is a congressional-mandated program that provides permanent resident visas to those who want to immigrate in the U.S. from countries with low rates of immigration to the United States.)
The good thing about this "Following-To-Join" benefit is the petitioned children will not have to wait for any extra time for a visa number to become available.
In this case, the principal petitioner needs to notify the U.S. consulate office that she is a lawful permanent resident and wanted to apply for an immigrant visa for a relative alien.
Before you apply for an immigrant visa for your children, you have to check first if you qualify under "Following-To-Join" benefits.
Enumerated below are the conditions to qualify for "Following-To-Join" benefits :
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The parent-child relationship has already existed at the time the parent became permanent resident and should still exist.
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The parent received an immigrant visa or adjusted status in a preference category.
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Preference Category Includes |
| First Preference |
Unmarried, adult sons and daughters of U.S. citizens, 21 years of age or older |
| Second Preference |
Spouse of lawful permanent residents, their unmarried children under 21, and unmarried sons and daughters of lawful permanent residents |
| Third Preference |
Married sons and daughters of U.S. citizens |
| Fourth Preference |
Brothers and sisters of adult U.S. citizens |
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The child is unmarried and under 21 years of age
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He/She has been a child from a marriage that have existed from the time of your admission to the U.S.
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He/She has been a stepchild from a marriage that have existed from the time of your admission to the U.S.
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He/She has been legally adopted prior to your admission to the U.S.
If you believed that you and your children qualifies for "Following-To-Join" benefits, you must furnish the following documentations and submit to the USCIS office to get started :
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Fill up the fom I-824, Application for Action on an Approved Application or Petition.
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A copy of the original application you used to apply for immigrant status.
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A copy of the I-797 Notice of Action for your original application.
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A copy of your greencard.
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Proper documentation which proves that the children meets the given qualification for "Following-To-Join" Benefits.
For detailed explanation about "following-to-join" benefits, it is recommended to consult to a very reliable immigration lawyer. There are a lot of lawyers out there that gives free consultation. Don't stick to just one lawyer for consultation. Always consider a second, third and fourth opinion.
Do a lot of research. Talk to friends and people who have done the "following-to-join" benefits and the past. They can surely give you some helpful tips and information based on their experience. Join online forums and don't be shy to ask questions. There are a lot of experienced people out there who are willing to answer your questions.
Visit the USCIS website and get informed.
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