URGENT!! RN Filing for Unmarried Children...

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Iluvus

Registered Users (C)
Please I'm in a tough situation here and I need some help.

I understand the law says RN can only file adjustment of status for Unmarried children under 21. What if I have an unmarried child that is 24yrs old who is with me here in the the US, is there a chance that immigration can approve the petition for the child? The child was listed in the I-140 that has now been approved. We're now trying to file the I-485, I-765, etc so we wanted to find out the chances of success b4 spending the money for the the filing fees. And if not, at what stage would they deny the application? Is it immediately after filing, or would it be during the GC interview hence, allowing the child to get Work authorization and buying the child some time?

Also, what other options does the child have to get permanent residence short of marrying an american or leaving the country and trying to re-enter (cos we dont want to take that risk because of the chance that the child might not be able to re-enter) Currently the child is out of status due to previous 1-485 that was later on denied due to lack of availability of visa.

Thanks and I really appreciate your response.
 
What is RN? Do you mean LPR = Legal Permanent Resident?

Okay, let's clarify something. A child is a person under 21. A 24 year old person is an adult by all means, with exception for immigration terms is if the person was a child when a petition was filed on his/her behalf before his/her 21st birthday so by immigration law is consider as a "child" so the benefits can apply. That is what is called when the "child aged out".

When you filed the I-140 your son/daughter was under 21?
 
RN - Registered Nurse

So I guess the child age requirement for an RN who is just filing for GC is different from someone who is already a permanent resident.

No, the child was 24 when the I-140 was filed.

So in that case, what are the chances that they might overlook the age factor and approve the I-485? and at what stage of the process are they likely to deny it?

Also, what other options does the child have?

Thanks in advance!
 
would recommend you to go post on the Employment based forums or the type of visa that you are in, so probably there will know what you need to get clarify.

After reading over the internet about the RN, it is my understanding that your child should be under 21. If they are over then you should petition for them once you become LPR.

http://www.nurses-international.com/html/faqs.htm

Good luck,
 
There is no such thing of "overlook" a person age. You should be truthful in your answers and information.

The other options: is to look for another type of visas so he can stay.

Did you know how was the process since the beginning?

Good luck,
 
Extracted from asmci.com:
you can include your spouse and children who are unmarried and less than 21 years of age in the EB3 immigration paperwork. Children under 21 years of age will receive an immigrant's visa. Children who are married do not qualify. However, you can sponsor these married children and children over 21 years of age once you have obtained US permanent residency.​
 
princesskate said:
Extracted from asmci.com:
you can include your spouse and children who are unmarried and less than 21 years of age in the EB3 immigration paperwork. Children under 21 years of age will receive an immigrant's visa. Children who are married do not qualify. However, you can sponsor these married children and children over 21 years of age once you have obtained US permanent residency.​
Click to expand...


A permanent resident cannot file for a married child no matter how old he/she is.


And to the OP, can you please just refer to your son or daughter by 'son' or 'daughter'? There's something rather unnerving about calling a 24 year old 'child'. :)
 
Thank you all so much for your responses!


cherr1980 said:
After reading over the internet about the RN, it is my understanding that your child should be under 21. If they are over then you should petition for them once you become LPR.

http://www.nurses-international.com/html/faqs.htm

Good luck,
Click to expand...

Thanks, and I understand that the process would take years. Got this quote from the nursing site:

The primary beneficiary and/or spouse, once they have obtained US permanent residency, may sponsor married children and children over 21. However, the process may take years because of waiting lists (quotas, in other words). Fortunately, under a new "V" visa program, these children may enter the US and work legally after the visa applications have been in process for three years
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How about if the child is already in the US, would she be able to get work authorization immediately after the I-485 and I-765 is filed or would she have to wait 3yrs to get work authorization?


cherr1980 said:
There is no such thing of "overlook" a person age. You should be truthful in your answers and information.
Click to expand...
No, I didnt mean to imply that we were intending to falsify the age, what I meant was that, what is the likelihood that INS would disregard the age factor and approve the application? (I also have a daughter under 21 and we're filing the petition at the same time) And if they would deny it, what stage of the process are they likely to do so? is it once you file the I-485 and I-765, or is it likely to be during the interview for the GC?

princesskate said:
Extracted from asmci.com:
you can include your spouse and children who are unmarried and less than 21 years of age in the EB3 immigration paperwork. Children under 21 years of age will receive an immigrant's visa. Children who are married do not qualify. However, you can sponsor these married children and children over 21 years of age once you have obtained US permanent residency.​
Click to expand...

Pinturicchio said:
A permanent resident cannot file for a married child no matter how old he/she is.
Click to expand...
But it also says so in the nursing site that cherr1080 provided.

And to the OP, can you please just refer to your son or daughter by 'son' or 'daughter'? There's something rather unnerving about calling a 24 year old 'child'. :)
Click to expand...
OOPS! Sorry about that! :)
 
Okay, let's see:

1. Your daugther under 21 if she is included in the original petition, she should be able to adjust her status along with yours. If she is not included, then she can do follow to join right away. (check that out since I am not so sure).

2. The work authorization comes along with the benefit to apply for adjusment of status. Since your son or daughter over 21 won't be able to adjust his/her status s/he won't be able to get a work authorization.

Good luck,
 
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