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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11393
Experience:  Write FOR JAMES to get my help!
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Background This question pertains my daughter's immigration,

Customer Question

Background
This question pertains my daughter’s immigration, who is in India (was born and currently stays in India). I am a US citizen and I have filed I130 in June 2011. My daughter at the time of application was married (immigration category F3) with 3 children (ages 15, 13, & 8). She recently got a divorce in June 2014.
My Question:
Now that my daughter is divorced, can we switch her immigration category from F3 to F1? If yes, what is the process? Also, would my three grand-children be benefited as beneficiaries thru daughter's immigration? I look forward to hearing from you. Thanks a lot!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

QUESTION: Now that my daughter is divorced, can we switch her immigration category from F3 to F1? If yes, what is the process?

ANSWER: Yes. You need to contact the USCIS by writing them a letter requesting the change in category and providing the divorce decree. That changes her category from F3 to F1 and shortens her wait time.

QUESTION: Also, would my three grand-children be benefited as beneficiaries thru daughter's immigration?

ANSWER: As for the children, yes, they can immigrate through their mother if they were included on her I-130 petition as derivative beneficiaries. If they were born after the I-130 was approved, then when it is time for your daughter to apply for her immigrant visa at the US embassy/consulate, she relative can apply on behalf of her children, showing proof of the birth and I-130 approval.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

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If not, they can immigrate after she does, based on following-to-join benefits:

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else?