Family based green card through my daughter (US Citizen)

[Suresh BK]

I am on H1B, my priority date is Feb 2013, my wife and 2nd daughter are my dependents and their visa status is H4B.  We all three of us have received EAD and AP on Sep 2022.  Looks like the priority for EB2 may not reach Feb 2013 in the next few months/years.  In BTW, can we plan to apply family based green card through my 1st daughter as she will be 21 by Dec 2023.  Please suggest.  Thanks!

[newacct]

Yes, your 1st daughter will be able to petition you and your wife, but your 2nd daughter will not be able to immigrate with you guys, since the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries. Your 1st daughter could petition the 2nd daughter, but it will be in the F4 category, for which there are only visa numbers now for petitions filed 16+ years ago. So it would be much faster if you or your wife petition your 2nd daughter after you immigrate. An unmarried under-21 child of a permanent resident will in the F2A category, which has maybe 2 years of wait for visa numbers. Hopefully she will not age out into F2B (21-or-over child of a permanent resident) which will have a couple more years of wait. Also, when you become a permanent resident, you will immediately lose H1b status, which means your 2nd daughter will lose H4 status and will have to leave the US and immigrate by going through Consular Processing abroad.

[Suresh BK]

Thanks for your response.  I am planning to have my 1st daughter apply family based green card for my spouse and I will be on H1B status until she gets green card.  Once my spouse gets green card and will apply GC for my 2nd daugher in F2A category. It is lengthy process but I don't see any other option to get green card at the earliest (have been waiting for more than 12+ years).  Please respond to my below questions:

1. 1) My spouse and I have been in the same principal residence as my daughter and I am head of the household financially supporting my family.  As I am not applying for Family based green card, is my spouse eligible for I-84W (having credited 40 points during the marriage)
2. 2) Should I go through this long journey or just wait for Employment based green card (as my priority date is Feb 2013)

[newacct]

On 10/25/2023 at 1:07 PM, Suresh BK said:

Thanks for your response.  I am planning to have my 1st daughter apply family based green card for my spouse and I will be on H1B status until she gets green card.  Once my spouse gets green card and will apply GC for my 2nd daugher in F2A category. It is lengthy process but I don't see any other option to get green card at the earliest (have been waiting for more than 12+ years).  Please respond to my below questions:

1. 1) My spouse and I have been in the same principal residence as my daughter and I am head of the household financially supporting my family.  As I am not applying for Family based green card, is my spouse eligible for I-84W (having credited 40 points during the marriage)
2. 2) Should I go through this long journey or just wait for Employment based green card (as my priority date is Feb 2013)

1. Yes

2. It's up to you. You can do both and see which one is available first