V’ehav v USA, vasha doch’ failit peticiu na svoiu doch’, i mnogo let spustia vnuchka smojet poluchit’ vizu.
9 FAM 42.31 N2.1 Offspring of Derivative Child
(CT: VISA-785; 12-02-2005)
A “derivative” beneficiary of an approved immigrant visa (IV) petition cannot bestow upon someone else the immigration status they, themselves, have “derived” from the “principal beneficiary.” For example, if a permanent resident files a second preference petition for his wife, once the petition is approved, she becomes the “principal beneficiary” of the status accorded by the petition. Any children (as defined by INA 101(a)(47)(b)) of the “principal beneficiary” (the wife) would “derive” from their mother the same immigration status that she has been granted. However, the law does not provide an avenue for “derivative beneficiaries” to pass their “derived” immigration status on to any children of their own (or to anyone else for that matter). Under such circumstances, however, the petitioner could elect to file a separate petition for any of his children who have children of their own. With a separately approved petition, the petitioner’s child would then become the “principal beneficiary” of the petition and, accordingly, the beneficiary’s children would qualify for “derivative” immigration status through the “principal beneficiary” parent.