Name Included in Petition but...

T

the KG

New Member
hey guys, i have an aunt in the US who petitioned my father when I was little(8 years old), the petition was unexpectedly approved 20 years later, however my parents was not sure if I was included...when they checked the papers(meaning they had to dig thru 20 years worth of documents), they found that i was included, I am now 29 years old(petition was approved when I was 28), do I have a chance to also be approved of an immigration visa? my case is already being brought up to the immigration services, and im waiting for a feedback...

Is anybody with the same situation here?

thanks!:confused: :confused: :confused:
 
the KG said:
hey guys, i have an aunt in the US who petitioned my father when I was little(8 years old), the petition was unexpectedly approved 20 years later, however my parents was not sure if I was included...when they checked the papers(meaning they had to dig thru 20 years worth of documents), they found that i was included, I am now 29 years old(petition was approved when I was 28), do I have a chance to also be approved of an immigration visa? my case is already being brought up to the immigration services, and im waiting for a feedback...

Is anybody with the same situation here?

thanks!:confused: :confused: :confused:
Click to expand...
How can you possibly be included in the petition? Your aunt can apply for her brother (i.e., your father) for category 4 visa. However, it is impossible for aunt to apply for nephew/niece. Something's not right. I think you will not be granted the visa.
 
I am confused by this.
I also didn't think you can get a petition approved through an aunt/uncle UNLESS maybe they did have custody of you when you were 8 years old. Then I can see it.
Are you sure that you are approved and there is a file ... if that is the case you should already have a Visa or am I wrong.
Like I said I am a little confused by your case !!
 
It just means they have I-130 approved. I-130 is probaly approved only for the father, even though his dependents were included in the petition. They still have to go through consular processing to obtain visa, where I am fairly certain only the father will be granted the visa.

I just remembered a case in which a father was sponsored by his son. He believed his minor daughter would also be eligible for the visa but later found that was not the case during the consular processing. Here's the link.
http://expatforums.com/question-on-visa-of-daughter-105573/
 
ok i'll just wait for my mom for a feedback...we'll see what happens! thanks for the reply, my apologies for the confusion, i really dont have any idea, im just telling it the way i understand...you did shed some light on my confusion though! thanks!
 
the KG said:
hey guys, i have an aunt in the US who petitioned my father when I was little(8 years old), the petition was unexpectedly approved 20 years later, however my parents was not sure if I was included...when they checked the papers(meaning they had to dig thru 20 years worth of documents), they found that i was included, I am now 29 years old(petition was approved when I was 28), do I have a chance to also be approved of an immigration visa? my case is already being brought up to the immigration services, and im waiting for a feedback...

Is anybody with the same situation here?

thanks!:confused: :confused: :confused:
Click to expand...

Since you are over 21, I believe you are no longer eligible (check with a lawyer on this one). Your father and mother are eligible. Either one of them can sponsor you as soon as he/she becomes a permanent resident provided you are unmarried and remain so until you become a permanent resident. If you are married, you will have to wait for at least one of them to become a U.S. citizen and then sponsor you, if the family route is the only one of interest to you.
 
equate said:
I just remembered a case in which a father was sponsored by his son. He believed his minor daughter would also be eligible for the visa but later found that was not the case during the consular processing.
Click to expand...

While the spouse and minor children of the primary beneficiary can immigrate along with the primary beneficiary when the US citizen sponsor is the beneficiary's sibling, the rules are quite different when the beneficiary is the parent (immediate relative) of the sponsor. In this scenario, minor children of the beneficiary do not qualify since they are already independently covered by the "sibling" section of the law. As they say, 'ems the breaks.
 
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