Daughter's Age - Immigration Case

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srkotturu

Registered Users (C)
Friends......My daughter will be turning 18 years very shortly. We applied I-485 about couple of years ago and we do not know when this will be approved. Mine is primary and she is derivative.

Is there any problem in her case.

Any info. in this issue is highly appreciated.

Thanks

SRK
 
Actually, 21 is the age at which a child is no longer consider a "child" for immigration purposes. But since you've applied I-485 for your daughter she is protected under CSPA (Child Status Protection Act) and will get her green card no matter how long it takes for USCIS to approval her application and as long as your primary application is not denied.
 
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srkotturu said:
We applied I-485 about couple of years ago and we do not know when this will be approved.
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What type of case is it? Family-based? Employment? Which preference level? Depending on what type/category it is, 2 years may be unusually long to wait and a WOM lawsuit may be effective for getting the case decided soon.
 
Thanks. Your PD isn't current, so a WOM lawsuit would not work. But with that PD, if you had been in EB2 or EB1 with the I-485 pending for such a long time the WOM might be successful.
 
Does anyone here know the details of this act?

I am trying to see if it will be applicable in my case so that I can plan accordingly.

I filed for PERM on May 2007 through my employer. The petition was approved in Sep. 2008 and an I-140 was filed by my employer which was approved in Nov. 2008.

The visa number cut off for me right now is January 2003 and so it is quite some time before I can file for I-485.

I am currently on H1 and my daughter who is now 20 will definitely be over 21 when it is time to file 1-485. She is currently on F1 status.

Will she be eligible to file for her permanent residency under this Act when the visa number becomes available for me?
 
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