While is it not possible to directly petition for
grandchildren as primary beneficiaries, it is possible if they qualify
as derivative beneficiaries. The following family-based sponsored
preference categories allow for derivative beneficiaries:
- First (F1): Unmarried Sons and Daughters of U.S. Citizens.
- Second (F2A) Spouses and Children of Permanent Residents and (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents.
- Third (F3): Married Sons and Daughters of U.S. Citizens.
- Fourth (F4): Brothers and Sisters of Adult U.S. Citizens.
Derivative beneficiaries are the spouses and children of the primary or
principal beneficiary. Children are defined as unmarried and under age
21. Should a derivative beneficiary child marry, s/he is no longer a
derivative beneficiary nor eligible as such once s/he turns 21 or “ages
out.” However, there may still be options to immigrate should the
derivative beneficiary divorce prior to the principal beneficiary’s
immigration or for a separate petition to be filed on behalf of the aged
out derivative beneficiary retaining the original filing date. Please
contact Bill Flynn, head of Fowler White Boggs' Immigration Practice for further information.
