Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

If I petition for my child, can her mother come with her as a derivative beneficiary?



I am a U.S. citizen. I filed an I-130 petition for my 2 year old child. I am not married to my child’s mother yet. Can my child’s mother come to the U.S. as a derivative beneficiary to accompany my child?




As the unmarried child of a U.S. citizen who is under 21, your child is your Immediate Relative. Beneficiaries under the Immediate Relative category cannot have derivative beneficiaries. Also, a parent cannot be a derivative beneficiary.


If you are already planning on marrying your child’s mother, you can marry her and petition for her as your Immediate Relative spouse.


Warning: U.S. citizens and Permanent Residents should never marry a foreign national solely to obtain an immigration benefit for the foreign national. There are dire consequences for doing this.


If you do not wish to marry the mother of your child, you should speak with an immigration law attorney to determine if there are other options to bring her to the U.S.



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Ari Sauer is an attorney with Siskind Susser, PC. For Ari’s full bio, visit You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys by calling 1-800-343-4890 or 901-682-6455. 

* On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.


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This entry was posted on November 23, 2010 by in Uncategorized.
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