3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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1) QUESTION:

My wife is a U.S. citizen. I am scheduled to be interviewed by USCIS for my green card application. Do I need an attorney for this interview?

ANSWER:

There is no requirement to have an attorney go with you to your immigration interview.

But I would recommend that you meet with an immigration attorney before your interview. An experienced attorney will be able to tell you what you can expect at the interview, what kinds of questions will be asked, and what documentation the officer will be expecting you to present to them at the interview to show that the marriage is real. The attorney will also be able to point out any issues that there might be with the application, that you might not have been aware of, and suggest the best ways to deal with these issues at the interview. Meeting with an attorney before your interview will make you much more comfortable during the interview and will help the interview go more smoothly.

At the appointment, you and the attorney can discuss whether you would benefit from having an attorney with you at the interview. If there are complications with your application, then it is recommended that you bring an attorney with you to the interview.

Also, do not forget that you are allowed to bring a translator with you to your green card interview if you wish. If you are not fluent in English, this is recommended. This does not have to be a professional translator, but should be someone you trust to translate the questions and answers accurately. USCIS will not provide a translator for the interview.

2) QUESTION:

Recently I was told that the child of my daughter could not immigrate with her because I am a citizen and there is no derivative status for grandchildren of citizens. I was told my daughter has to get her green card and then separately petition for her son, my grandchild. Is this correct?

ANSWER:

The unmarried child of a U.S. citizen who is under 21, the spouse of a U.S. citizen, or the parents of a U.S. citizen are considered to be "immediate relative". Being an immediate relative is a benefit. A petition filed for an immediate relative does not have to wait for a visa to become available under the DOS Visa Bulletin, and so immediate relatives can receive their green cards or immigrant visas quicker.

But immediate relatives cannot have derivative beneficiaries. That means that if a U.S. citizen has a child under 21 who has a child of their own, the U.S. citizen can petition for their child, but the grandchild cannot receive an immigrant visa or green card with the child. Likewise, if a U.S. citizen is petitioning for their parents, the U.S. citizen’s siblings cannot receive a green card or immigrant visa with the parents, even if they are minors.

So the answer to your question depends of how old your child is. If you child is under 21 and unmarried, then your child can receive an immigrant visa sooner, but your grandchildren cannot come as her derivative beneficiary. If you daughter is over 21 or married, then she is no longer an immediate relative. There is a long wait for her to receive an immigrant visa based upon your petition, but when she becomes eligible, her children and spouse will be able to receive an immigrant visa along with her as her derivative beneficiaries.