Daughter age out

K

konduru

New Member
My LC got approved and I'm going to file I140 & I485 concurrently in a month's time, my H1B visa 6Years period expires by March 2004. My daughter turns 21 in another 6 months, if I file I485 in June 2003 and include my daughter also in that, will she be eligible to continue even after turning 21?
Any suggestions or alternatives are most welcome.
RRK
 
Try to file I-140 as early as possible. Your daughter will normally be denied immigration benefits as your dependent the day she reaches 21; but since your I-140 is filed before she is 21 the number of days it takes for your I-140 approval will be added to the day she turns 21 for her to get benefits of your I-485 approval.
Mention clearly in the I-140/485 applications that this is an "age-out" case so that BCIS is alerted that your case has to be adjudicated early so that your daughter does not lose out.
Recently one of my friends got his approval two months after his son turned 21 and his son also got approval because the I-140 had taken over a year for approval.
Best of luck! BCIS is very considerate in these cases, to the point that most are arguing that persons like you will unfairly jump the queque--and hence must wait, with the proviso that if the I-485 was filed before the child reached the age of 21, the benefits of immigration would be given when the principal beneficiaries case is approved. BCIS is already thinking along these lines and has issued an internal memo.
 
Mr. Samir das,
Thank you so much for your response. The information is very clear and needs no further questions. I'll act fast and try to file I140 as early as possible as suggested by you.
Thanks once again.
 
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