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About dependent children and it's application process

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by effietiny, Jan 9, 2014.

  1. effietiny

    effietiny Registered Users (C)

    About dependent children turning 21 during application process

    Hi,

    I have some questions about application of a dependent child. When the child was 20 yrs old when he entered the US to obtain H4 and file in the documents. But he subsequently turned 21 as he was staying in the US. I was told that since he turned 21, he'd have to stay in the US until the application gets to a certain stage, or he will lose his H4 status and be dropped out from the application.

    So I was wondering at what exact point can he leave the US, is it after the biometrics appointment is complete? Or some other time.

    Thank you
     
    Last edited by a moderator: Jan 9, 2014
  2. Jackolantern

    Jackolantern Registered Users (C)

    Has he filed I-485 as a derivative beneficiary to your employment-based green card process? If yes, how old was he when the I-485 was filed?
     
  3. effietiny

    effietiny Registered Users (C)

    Re

    Yes it was filed when he was 20.
     
  4. Jackolantern

    Jackolantern Registered Users (C)

    There is a provision of the CSPA that allows maintaining H4 status beyond the 21st birthday under certain conditions (I don't remember the details), but he doesn't need to care about that now because he has filed I-485 before age 21.

    At this point, with an I-485 that was filed before his 21st birthday, he doesn't need H4 to remain in the US or to reenter the US after traveling abroad. The pending I-485 will allow him to remain in the US until his green card is approved or denied, and he can travel abroad once he has received Advance Parole.

    Did he apply for Advance Parole? If not, he should file I-131 along with a copy of the I-485 receipt to apply for it. So should you if you haven't applied for it yourself. There is no fee for an Advance Parole application which is linked to an I-485 (unless the I-485 was filed before they changed the fee structures in 2007).
     
  5. effietiny

    effietiny Registered Users (C)

    Re

    Can Advance Parole can be applied anytime during the application? Or does it have to be after Biometrics?
     
  6. effietiny

    effietiny Registered Users (C)

    Re

    Also, I thought Advance Parole is I-512, was I mistaken?
     
  7. Jackolantern

    Jackolantern Registered Users (C)

    The Advance Parole application can be submitted together with the I-485 application. If not submitted with the I-485 application, it has to be submitted with copy of the I-485 receipt notice, and that can be done before biometrics.

    The AP document when issued is labeled I-512, but the form to apply for it is I-131.
     
  8. effietiny

    effietiny Registered Users (C)

    Re

    Oh I see, how long does it typically take for this to be approved? Does it have to be done in person or I just need my lawyer for file it for me? For some reason my lawyer made it sound like that biometrics need to be done first before he can obtain AP.
     
    Last edited by a moderator: Jan 10, 2014
  9. Jackolantern

    Jackolantern Registered Users (C)

    2-3 months is the typical time frame for AP approval. You don't file it in person, and you shouldn't need a lawyer for it; just read the instructions, fill out the form, attach the necessary supporting documents including a copy of the I-485 receipt, and mail it to the specified address.

    Note that the same I-131 form is also used to apply for Reentry Permits and Refugee Travel Documents, so some sections of it are not relevant to Advance Parole and should be skipped.

    Maybe they will not approve the AP before biometrics are done, but the AP application can definitely be submitted before biometrics. Most people submit it with the initial I-485 application.
     

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