I-140 Dependents issue

T

takatalvi

New Member
Hi, I have a question regarding I-140.

My father is a professor, and is filling out the I-140. Before we started the whole process, the guy in charge at the University said for Green Card through Jobs, the depends do not need to be under 21 as long as they're unmarried. But he no longer works there, and now, the university hired lawyers to take care of it, and they said it can't be done if the child is over 21.

I checked the USCIS website, and it doesn't really state too much regarding the issue for the Job-Based Green Cards, only for the family based.

I do not know if this affects anything, but I am over 21, though i still live with my parents, and tax wise and everything, I am still under my parents.

I can understand how the lawyers said it can't be done, but since the guy who was in charge at the university have worked on these for years, and he said yes, I'm curious as to weather he knew something, or have had cases like such.

Any information would be appreciated.

Thank you.
 
Although I do not know the answer to your question about age restrictions, here is my understanding regarding I-140 in general. For the employer-based I-140 petitions the dependents do not come into play. The employer files the petition just based on your father's employment. The dependents are listed only when your father files I-485. Now whether he can claim you as a dependent in I-485 is a question for which I do not know the answer.
 
takatalvi,

It will depend on your calculated CSPA age.

It is safe to say that, if you were not under 21 when the I-140 was filed and received by USCIS, then you will not be eligible to file I-485 as a dependent based on your father's I-140.

In that case, when your father becomes an LPR, he could file an I-130 for you. You would be classified as F2B (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents).

Currently, the cut off date for this category is 01JAN04, so you would be looking at a considerable wait, although it has been moving forward quite quickly lately.

To remain in the US after your father is approved, you would need your own independent non-immigrant status (probably either F1 or H1B).

Please consult an Immigration Attorney.
 
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