Immigration Issues/quary_statues


My US Citizen Uncle filed a petition for my mom in 2001. My question is if my name was mentioned in the application as a daughter and when the application for my mom was accepted I was under 18. Do I get the residency at the same time as my mom since I was a minor at the time, but now i am 21 year and 6 month?

Hello :

Unfortunately, the immigration laws do not allow derivative beneficiaries in immediate relative petitions. United States citizen brother and sisters who petition for their siblings create an immediate relative petition situation. As such, the law does not allow you to be included in the petition your uncle filed for your mother because that would classify you as a derivative beneficiary of the immediate relative petition. If you were was somehow "included" in the petition, it was done in error. You were probably listed on the petition on page two, because the question asks for information about the beneficiary's children. That is not the same as being included as a derivative.


Annick Koloko

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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