While is it not possible to directly petition for grandchildren as primary beneficiaries, it is possible if they qualify as derivative beneficiaries. The following family-based sponsored preference categories allow for derivative beneficiaries:

  • First (F1): Unmarried Sons and Daughters of U.S. Citizens.
  • Second (F2A) Spouses and Children of Permanent Residents and (F2B)Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents.
  • Third (F3): Married Sons and Daughters of U.S. Citizens.
  • Fourth (F4): Brothers and Sisters of Adult U.S. Citizens.

Derivative beneficiaries are the spouses and children of the primary or principal beneficiary. Children are defined as unmarried and under age21. Should a derivative beneficiary child marry, s/he is no longer a derivative beneficiary nor eligible as such once s/he turns 21 or “ages out.” However, there may still be options to immigrate should the derivative beneficiary divorce prior to the principal beneficiary's immigration or for a separate petition to be filed on behalf of the aged out derivative beneficiary retaining the original filing date.