The answer is that a derivative beneficiary is generally a derivative beneficiary by operation of law, not by choice of the principle applicant. So even if your father had his "second" family" on the paperwork, you would still be considered a derivative beneficiary of the visa petition filed on behalf of your father if you otherwise meet the requirements for such classification. I am not sure how this fits within the scope of the inquiry that you have made, but having derivative beneficiary status may actually qualify you for the benefits of 245(i) of the Immigration and Nationality Act to the extent that this helps you in any way. My suggestion is that you sit and discuss your situation with a licensed and competent attorney. Rather than make guesses as to whether you are or are not qualified for any immigration benefits, someone with knowledge and experience in this area should be able to explain your situation and provide you some guidance on how you can proceed in legalizing your own status.
Answered on May 17th, 2012 at 7:44 PM