2

This might pose as a contradictory question but the situation is as follows:

  • I hold an Indian Passport

  • I am currently residing in Germany and looking for employment

  • A decade or more ago my maternal aunt had filed a F4- alien relative immigration petition for my mother and this year it seems to finally go through the National Visa Center. I am a stated dependent on my mother and would also be getting a Green Card

  • I would have to go back to India for an Interview at the U.S. Embassy and get a Green Card since all the paper work has gone through.

Questions

I am very likely to get a Job in Europe and having stayed here for more than a couple of years I would like to stay here for a longer span of time.

Are there provisions where the Embassy might grant me an exception of not having to immediately emigrate to the States or ask me to surrender my Green Card for a long term Visitor Visa?

Is there someone with similar situations who can shed some light on this?

migrated from travel.stackexchange.com Feb 23 '17 at 22:28

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  • Do you even qualify anymore? It sounds like you probably aged out. – Loren Pechtel Feb 25 '17 at 4:11
5

Just because you are a derivative beneficiary doesn't mean you have to immigrate when the principal beneficiary (your mother) immigrates. You are free to never immigrate through this petition, or to immigrate at at a later time after the principal beneficiary immigrates, as long as you still qualify as a derivative beneficiary (i.e. for a child, that means you must be under 21 and unmarried; you cannot take advantage of CSPA anymore as you didn't seek to immigrate within 1 year of it becoming available), the principal beneficiary is still a permanent resident (i.e. she hasn't abandoned residency or become a citizen yet), and a visa number is still available for the priority date and category of the petition (since a visa number is available for the priority date now, that means it will remain available for the same priority date in the future, unless the dates retrogress severely; so basically it will remain available unless the F4 category is eliminated, which is in some immigration reform proposals).

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