Brother's petition denied - views needed

M

Mijac

Registered Users (C)
Hi Im mijac..I was a regular in this forum few days back though i didnt post much..

ok....now..let me get on my point..

My dad filed an immigant petion for me and my brother in 2002. Im umarried n my brother is married when he filed. My dad was a US lawful permanet resident then in 2002. he gained his us citizenship in 2007, we did upgraded our petion too.
My bro's visa setion says 201(a)(3)
so we got visa category.... right now i, already is usa n have a green card.

Recently, my bro's petition is denied stating fact that US resident cannot file for married son/daughter!!!!

what is this??? cant a US resident file for married son/daughter??? if not so then what is this petition paper that i have wit case number n they even too application fees!

Now my dad is US citizen, n if he tires to file I130 again for my brother it would take years n by then my bro's childeren would turn over 21.

Any views on this would be helpful on this...
Thanks!
Mijac!
 
I'm very sorry to here it. I applied for a relative and can understand how bad this news can be for your family.
Unfortunately,it's the truth- us residents cannot file for married kids. They're allowed sponsor only spouses and unmarried children. So,your father will have to start this process for you brother all over again.
 
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Mijac said:
Recently, my bro's petition is denied stating fact that US resident cannot file for married son/daughter!!!!
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That's right - there is no such category. They should not accept the application, but they accepted and denied it later. You could not do anything with that, just ask your dad to file another petition as a citizen.
 
Mijac said:
Recently, my bro's petition is denied stating fact that US resident cannot file for married son/daughter!!!!

what is this??? cant a US resident file for married son/daughter???
Click to expand...
That's because those passing the law didn't want to expand immigration that much. Allowing permanent residents to file for their married children would also mean bringing in the spouse and their children (if any). That would involve expanding the immigration quotas, which is something the politicians did not want to do for permanent residents. And I don't blame them. It doesn't make sense to me to allow adult children of permanent residents to immigrate, whether married or single. Those green cards should go towards providing more for the spouses and minor children of permanent residents, or to employment-based categories.
Now my dad is US citizen, n if he tires to file I130 again for my brother it would take years n by then my bro's childeren would turn over 21.
Click to expand...
The CSPA may protect the children from aging out past the 21-year age limit.
 
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Sometime going to the lawyer really helps (if person doesn't know much). I am talking about your dad. All he can do is file new petition for your brother. Sorry. CIS should deny in 1st place, but they do the mistakes like that all the time. However they never pay for those mistakes, unfortunately....
 
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