Question & Answer* (Answer is on top of the Question)

Attorney said: October 19th, 2009 10:11 am
Dave, the daughter can file for her father when she is over 21.


Dave said: October 17th, 2009 5:38 pm
Can a daughter 18 born in the usa file for father?


Attorney said: August 5th, 2009 9:48 am
Jesus. There is a class action right now on this issue. If there is a favorable result, then you potentially could petition your daughter for 2B while retaining the priority date of the original petition. But according to the law as it is right now, you daughter is aged out.


Jesus P. Mercado said: August 5th, 2009 7:07 am
I was petitioned by my sister on October 26, 1984. I reported to the U.S. Embassy in Manila the birth of my son on April 17, 1985. He was then five months old. I was finally given a U.S. visa and left the Philippines on June 17, 2008. According to the National Visa Center (NVC) and the consul who interviewed me, my son was out-aged. I did not file DS-230 within one year of visa becoming available. Can the Child Status Protection Act still be applied to my son’s case?


Attorney said: August 5th, 2009 6:54 am
Sonya, whether your friend get become legalized depends on factors such as how he entered the country, whether there is an deportation order against him, whether he filed an immigration petition and a host of other factors. Please schedule an appointment with me to discuss the situation by going to the home page and click Schedule An Appointment


SONYA said: August 4th, 2009 9:02 pm
I WOULD LIKE TO KNOW MY FRIEND BEEN HERE IN U.S.A OVER 14 YEARS HOW CAN HE BECOME LEGAL AND ME AND HIM JUST HAD AN SON AM LEGAL HE IS NOT LEGAL PLEASE EXPLAIN TO ME BECAUSE WE ARE SO AFRAID HE GOING TO BE SENT BACK TO SOUTH AMERICA.


Attorney said: July 26th, 2009 8:11 pm
Jean, it should be 22 (your age when the immigrant visa number was available) minus however long it took for the I-130 to be pending (after filing and before approval) and if the result if smaller than 21, then you are OK to claim benefits as beneficiary by filing following to join. Otherwise need a new petition.


jean p said: July 26th, 2009 7:56 pm
Sir, gud day to you. My mom was petition by my gradmother in the US on 1998. She was granted for application of visa on 2008. Im 23 years old, single,my question is, If my mom is already petition can I also be carried on her petition?


Attorney said: July 4th, 2009 6:27 pm
Yehia, you are aged out even under Child Status Protection Act. Need to file a new petition. Please schedule an appointment with me for details and other possibilities.


Yehia El-Guindy said: July 4th, 2009 11:54 am
My father got and immigration visa in 1991 in Cairo,Egypt, as beneficiary of a visa petition filed by his US citizen brother (Mahmoud Ismail El-Guindy)on 12/11/1974 and approved on 1/26/1975….At the time my dad got the visa in 1991 I was a “derivative beneficiary” as a child. However up till now I never claimed this visa..Giving that I`m now 26 years old and unmarried, I was wondering what are the next steps I have to take to obtain this immigrant visa?

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