QUESTION
How can spouse and child of EB-1 petitioner apply to stay in the US with the husband?
Asked on Jul 08th, 2016 on Immigration - Georgia
More details to this question:
My husband have made a petition for EB-1 2 months ago. He had sent I-131, I-140, I-485, I-765, and week ago, he received work permission. Our 4 year old daughter and I are now in the US with tourist visas. We didn't apply with husband. Now I decide to do this. What is the process? What forms we need to fill? How do I do this to join my husband’s case? What documents do we need to send and what about the translation of birth and marriage certificate? Thank you.
1 ANSWER
You and your daughter may be able to apply as derivative beneficiaries of your husband's case, under a concept known as "following to join," but additional information is needed in order to determine whether you are eligible for this. Immigration applications can be significantly more complex than they appear, and judging from your multiple questions you are less than fully familiar with the requirements and processes. Mistakes regarding eligibility, including the timing of filing an application following entry on a B1/B2 visitor's visa, or inadequately documenting an application package can cause significant delays or even more harsh consequences. While a forum like this might be of some limited usefulness, there really is no substitute for consulting with an immigration attorney who, after learning all of the relevant facts about your family and your immigration-related history, could advise about eligibilities, options and strategies and could offer legal representation in the application process.
Answered on Aug 08th, 2016 at 4:44 PM