a child included in I-140 is over 21 y.o. for I-485

T

teonita

New Member
My I-140 was approved on April 9, 2002.

My son, being under 21 y.o., was included in my I-140.
On March 8 this year he turned his 21. I-140 was approved in one month after his 21 birthday.

Is any opportunity for him to get a Green Card?

Section 424 of Patriotic Act gives him only 45 days.

Is this period (45 days) is enough for I-140 to be
approved or he has to be under 21 y.o. for the time of approval of I-485.

What can be helpful in the situation with my son\'s age to be eligible for a Green Card?

The process from H-1B to Green Card started 4 years ago when my son was 17 y.o.

Maybe the letters from a Congressman or a Senator to INS asking to make my son eligible for a Green Card? It\'s not his fault that the process lasted so many years & started when he was a child.

Is there any information about a future new law regarding the similar situation:
- if a child included in a parent\'s application, was under 21 y.o., a child is eligible for the Green Card if even the application was approved when the child became over 21 y.o.

Please HELP with any advice.
This situation is a tragedy for us.

Thank you.
Tamara
 
No Title

Mr. Mills,

Is there anything that could help in this situation (my son\'s age over 21 before approving I-485)? It\'s not his fault that the process lasts so many years.
 
Nope

He can try to get another visa but he is no longer eligible to adjust as a derivitive. Ther emay have been some chance with expedite requests but you would have needed to speak to your attorney and apply before he aged out.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Not True!!! Please Be Careful Everyone

As you knew, section 424 of Patriotic Act gave him an extra 45 days after the age-out. You should have contacted your local Congressman right away. They might have been able to help get approval. I am a bit surprised that you did not ascertain the effect of this law earlier. This Board is merely a tool. It cannot take place of qualified legal help.

Folks, please remember, immigration law is forever changing. Be careful not to rely upon advice received without verifying. SO, BE CAREFUL ALL! Regards. Raiv.
 
as a permanent resident, you may file I-130 for your son.

Checking out the June 2002 Visa Bulletin reveals that Permanent Residents may file I-130 for their over-21-years-of-age children, family preference 2B. Presently, these visas are being issued to visa petitions filed on or before 1 Oct 93 for most countries, (Mexico is longer, with no more visas available until 1 Oct 2003).

Unfortunately, your son has "aged out" and must wait 3 years after you file I-130 to obtain "V" visa or "V" status. However, he can seek to change to another status in the US before he acquires 6 months "unlawful presence."

contact immigration attorney for advice on which status would fit.
Contact job website to find employer with DOL certificate looking for a new employee...
 
The I-140 has not even been approved yet

It just didn\'t seem possible, even with congressional intervention, to get the I-140 approved, the I-485s filed, fingerprints taken and processed, and the I-485 approved and stamp issued, in less than 45 days. The mailing time alone for all these documents would approach 45 days. Consular processing is usually somewhat faster but 45 days still seems like an awful lot to hope for.

I do agree that the time to address this was not after she had already turned 21 and the 45 day clock is running.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Green Card

HI i had a petition file by my adopted parents who are u.s citizens the petition was file in June 1990.But my parents havent heard anything from the immgration the only proof i have is a application number.I have return back to my birth country Antigua.I have live in the u.s from May1986 to July 1993.I want to know am i intitled to get my green card because i will like to return to the u.s to live .Please help me Natasha
 
You must log in or register to reply here.
Top